William O. Douglas

“ While conscience is commonly associated with religious convictions, all experience teaches us that the supreme moral imperative which sometimes actuates men to choose one course of action in preference to another and to adhere to it at all costs may be dissociated from what is commonly recognized as religious experience. ”

“ The mind of the military has reacted more violently to the conscientious objector than the mind of the priest or other civilian.
The story of in-service processing of these claims in World War I is an unpleasant one:
'The phrase 'well-recognized religious sect' was given the most rigorous interpretation, and any who based conscientious objections on political rather than religious foundations got short shrift. Such objectors were either 'shot to death by musketry,' 'imprisoned for long terms by court martial,' or subjected to indignities and physical violence 'by their more patriotic fellows. ”

“ His beliefs are not religious in nature. He stated they came from 'the intellectual atmosphere of the University of California and its surroundings and the natural workings of an eager-to-know and questioning mind.' In a letter refusing induction he stated his objection was 'that the sole purpose of military service in this country today is preparation for a nuclear orgasm which would be totally destructive of human life and values.' On his Form 150 he wrote 'that service in the armed forces of this country at this time is work toward the end of the destruction of the human race. ”

“ To some conscientious objectors, taking the one step forward is an act violating the conscience, since wearing the uniform in any form is as revolting to them as saluting the flag was to the children in the Barnette case. ”

“ Ultimate futility of such attempts to compel coherence is the lesson of every such effort * * *. Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. ”

“ As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be, Probably no deeper division of our people could proceed from any provocation than from finding it necessary to choose what doctrine and whose program public educational officials shall compel youth to unite in embracing. ”

“ Thus under the Court's interpretations of § 6 (j) those who do not qualify are those who lack sincerity, do not oppose all wars, or those who rest their beliefs 'solely upon considerations of policy, pragmatism, or expediency.' Id., at 342-343, 90 S.Ct., at 1798. Decision as to whether an individual is entitled to a conscientious objector status under these broad criteria requires great sensitivity on the part of those who have the final say. ”

“ Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. ”

“ But the military mind is educated in other values; it does not reflect the humanistic, philosophical values most germane to ferreting out First Amendment claims that are genuine.
Our decisions on conscientious objection leave considerable latitude for administrative findings. On one hand Gillette v. United States and Negre v. Larsen, 401 U.S. 437, 91 S.Ct. 828, 28 L.Ed.2d 168, make it clear that objection to a particular war will not qualify for conscientious objector status. ”

“ Two other Corporals joined in harassing the man and when he couldn't stop coughing they pulled him out of the cell and made him dive on a cup on the floor pretending it was a grenade. They got several other men out of their cells and had them all diving on the cup with the coughing man on the bottom each time. ”

“ Foreman speak, a Marine Sergeant opened the door and said to me 'empty your pockets, f—er.' I began to empty my pockets to which the Sergeant said, 'hurry up, Goddamnit.' When I had finished emptying my pockets the Sergeant said, 'up against the wall-spread your arms and legs.' I spread my arms out against the wall and placed my feet approximately 3 1/2 feet apart. The Sergeant kicked my legs several times and said, 'Move them further.' I then stretched them as far as possible, so the Sergeant kicked me a couple of more times to make sure they were spread as far as possible. ”

“ Suicide risks have to sit in the cells, which I found to be very cold with my clothes on, in nothing but a pair of underwear. The Corporal kept antagonizing the man until he started screaming and crying. ”