Dissent in Khaki

Several generations of Hollywood actors have made their living wearing U.S. military uniforms in war movies. Even when not entertaining in Viet Nam, Martha Raye likes to don the jaunty regalia of the Green Berets. But antiwar demonstrators have also used Army clothing--in protest plays.

Three years ago, Daniel Schacht, an electronics consultant, turned up outside the Houston military induction center wearing a khaki Army shirt and World War II officer's cap. Outside the center, he performed in a piece of "guerrilla theater" meant to dramatize American brutality in Viet Nam. Schacht was convicted of violating federal law that forbids wearing a distinctive part of a military uniform in theatrical productions if the role "discredits" the military. Schacht was sentenced to six months in prison and a $250 fine.

Last week the Supreme Court unanimously reversed the conviction. The Constitution's guarantee of free speech permits no double standard, wrote Justice Hugo Black; a law cannot survive that "leaves Americans free to praise the war in Viet Nam but can send persons like Schacht to prison for opposing it."

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