![]() ![]() If Jamie Raskin's current view of the First Amendment had prevailed back in the day, his father would likely have been convicted of two felonies. Now, Marcus' son Jamie is quoting his father in a speech that would cut the heart out the very First Amendment that twice saved his father. ![]() But for the First Amendment, Marcus would have been charged with conspiracy to publish classified material. Several years later, Marcus was once again protected by a broad reading of the First Amendment, when he served as an intermediary between Daniel Ellsberg, who unlawfully stole the Pentagon Papers, and The New York Times, which published them despite their being classified. They were all saved by a broad reading of the First Amendment. The jury acquitted Marcus, and the court of appeals reversed the convictions of the other defendants. Civil libertarians and liberals from all across the country rallied to the defense of "the Spock 5," invoking the First Amendment. Unsurprisingly, the defense was that the First Amendment protected Marcus' advocacy of resistance to the draft, even if such resistance then took a form of unlawful actions by others. I consulted with Taylor on Marcus' defense, which ultimately prevailed. Marcus, who was charged only with inciting these unlawful acts by others, was represented by my mentor, teacher and dear friend, General Telford Taylor, who had been America's chief prosecutor at the Nuremberg trials. Many young people did what was advocated and were punished for their unlawful acts. JAMIE RASKIN FATHER TRIALHe coauthored a call to resist illegitimate authority and stood trial along with doctor Benjamin Spock and others who advocated the burning of draft cards, break-ins at draft boards and other unlawful actions to obstruct the war effort. I also knew Marcus: I met him, a prominent left-wing intellectual, when he was indicted for conspiracy to obstruct the Vietnam War effort by encouraging young men to resist the draft. He was my former student at Harvard Law School, a distinguished professor of constitutional law and now a progressive member of Congress leading the House impeachment managers in their effort to have the Senate convict and disqualify former President Donald Trump.ĭuring one of his Senate speeches this week, he quoted his late, great father Marcus Raskin. ![]()
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