Confronting the Johnson Administration at War: The Trial of Dr. Spock and Use of the Courtroom to Effect Political Change

Abstract

The Johnson administration's 1968 decision to indict Dr. Benjamin Spock and four others for conspiracy to aid and abet draft resisters thrilled the antiwar movement because it demonstrated that the government could no longer ignore the growing number of Americans opposed to the Vietnam War. In the months leading up to the trial, expectations ran high as the antiwar movement looked forward to a courtroom confrontation in which they hoped to see the government's policies put on trial. This article argues that the trial did not live up to its billing, however, because the defendants and their attorneys pursued both political and civil libertarian trial strategies that were, in practice, mutually exclusive. Although the trial disappointed the peace movement, its shortcomings warrant renewed attention for the lessons it offers those who again will seek a courtroom confrontation with their governments during wartime.