William Moses Kunstler Speech, 1968

Contents List

Container Title
Audio 821A
Tape/Side   1/1
Time   00:00
Introduction
Tape/Side   1/1
Time   00:45
Preliminary Remarks
Tape/Side   1/1
Time   01:25
Time to Speak Truth About Repression
Scope and Content Note: Trend toward repression today irresistible.
Tape/Side   1/1
Time   02:50
Everyone Participates in Repression
Scope and Content Note: All are “malefactors”, but with different motives.
Tape/Side   1/1
Time   03:40
Meaning of First Amendment
Scope and Content Note: First amendment aims to protect right of dissent even at risk of turning speech into action. Jefferson's concept of first amendment: every twenty years established structure of government should be replaced.
Tape/Side   1/1
Time   05:00
H. Rap Brown Is Best Example That Advocates of Change Are Persecuted Today
Scope and Content Note: Biographical background on Brown, Chairman of SNCC. Became publicly known for flamboyance, not for his program.
Tape/Side   1/1
Time   06:40
Brown's Legal Troubles Started in Cambridge, Maryland, July 24, 1967
Scope and Content Note: Indicted for “counselling arson” when elementary school set afire after Brown's speech. Brown shot by deputy sheriff that day and left Cambridge.
Tape/Side   1/1
Time   09:30
Brown Arrested by FBI in Washington, D.C., July 26, 1967
Scope and Content Note: FBI broke agreement to allow Kunstler to deliver Brown to them. Charges dropped when Kunstler arranged for writ of habeas corpus.
Tape/Side   1/1
Time   11:50
Subsequent Arrests and Prosecutions of H. Rap Brown
Scope and Content Note: Immediately re-arrested by Alexandria, Virginia, police. Thereafter “rain of prosecutions” designed to silence Brown.
Tape/Side   1/1
Time   13:30
Recent Trial in New Orleans
Scope and Content Note: Charged with carrying rifle across state boundaries while under indictment. Indictment timed to make firearms offense unavoidable.
Tape/Side   1/1
Time   15:55
Remarks About National Firearms Act
Scope and Content Note: Unique and obsolete law. Invoked only to silence Brown. Brown generates more fear than others who violate same law repeatedly but are not charged.
Tape/Side   1/1
Time   18:05
First Amendment Repeatedly Violated in U.S. History
Scope and Content Note: One may speak openly only if no one fears he may succeed. Brown incited fear.
Tape/Side   1/1
Time   19:40
Brown Said Only What Kerner Report Had Already Said
Tape/Side   1/1
Time   20:25
Tragedy of the H. Rap Brown Case
Scope and Content Note: Success in prosecuting Brown will have “chilling effect” on free speech. In 1965 U.S. Supreme Court warned such an effect could occur. Now even Supreme Court becoming fearful.
Tape/Side   1/1
Time   22:25
Violence Is “Only Political Weapon the Black Man Has”
Scope and Content Note: Whites becoming increasingly afraid of black violence, but negotiated progress in race relations no longer possible.
Tape/Side   1/1
Time   23:45
Same Kinds of Repression Are Being Used Against Vietnam War Dissenters
Scope and Content Note: Indictments against Benjamin Spock and William Sloane Coffin signal new wave of repression.
Tape/Side   1/1
Time   24:55
Student Protest Against Racism and War
Scope and Content Note: Serious revolutionary thinking. All levels of government now in action against students. Prejudicial remarks of Supreme Court Justice Abe Fortas.
Tape/Side   1/1
Time   26:50
Columbia University Protests
Scope and Content Note: Comparisons of students' methods with those of the suffragettes and of Walter Reuther and the UAW. Sit-ins necessary and successful.
Tape/Side   1/1
Time   28:05
A Fundamental Problem of Our Age
Scope and Content Note: What does mankind do when protests go unheard? People have right to change system in any way, by any means.
Tape/Side   1/1
Time   29:00
End of Tape 1, Side 1
Tape/Side   1/2
Time   00:00
Introduction
Tape/Side   1/2
Time   00:30
[Continuation of Remarks Begun at 28:05, Side 1]
Tape/Side   1/2
Time   00:55
Columbia University Protests
Scope and Content Note: Summary of events. Protest over displacing local residents to build new gymnasium. Students Imitated Walter Reuther's methods. Black students wanted their protest to be separate. White students agreed. Police reaction created dramatic confrontation: Martin Luther King's formula. Thereafter student strike had wide support. Survival of university not necessary.
Tape/Side   1/2
Time   05:20
First Amendment Originated in Revolt
Scope and Content Note: Summary of revolutionary events in colonial America. Institutional violence was necessary. Protests will be heard one way or another. Civil War: violence was last but necessary resort.
Tape/Side   1/2
Time   08:10
Revolutionaries Are Born out of Blocked Protest
Scope and Content Note: Violence has been selective so far but many become general. Repression will become comprehensive. Government will tolerate only “pleasant protest.”
Tape/Side   1/2
Time   10:45
Current Failure to Stand Up for Basic Principles
Scope and Content Note: Comparison with Nazi Germany: if Americans do not fight for principles they have no right to criticize Germans for not overthrowing Hitler. Comparison of H. Rap Brown to Patrick Henry: everyone has right to speak out as they did. Today's revolutions just as natural as those past.
Tape/Side   1/2
Time   16:40
Americans Losing Right of Dissent
Scope and Content Note: Current period worse than Joseph McCarthy years. Ramsey Clark today's enemy.
Tape/Side   1/2
Time   17:55
Closing: Two Literary Illustrations of His Points
Tape/Side   1/2
Time   18:55
Robert Browning's Poem “The Ring and The Book”
Scope and Content Note: Every man fights inner battle. Will he be able to do the just thing if it will ruin him and if no one will know if he chooses not to do it?
Tape/Side   1/2
Time   23:50
Melville's Idealization of Good and Evil
Scope and Content Note: Man must always rise up against evil, even if winning is not possible.
Tape/Side   1/2
Time   26:35
Browning and Melville Exemplify Kunstler's Message
Tape/Side   1/2
Time   28:40
End of Tape 1, Side 2
Tape/Side   2/1
Time   00:00
Introduction
Tape/Side   2/1
Time   00:35
[Answer to Question from Floor, Begun in Progress.] Demerits of U.S. Senate Bill Now Under Consideration
Scope and Content Note: Bill has effect of repealing important Supreme Court decisions affecting civil rights and liberties. Recently signed “Crime Bill” includes some of current Senate bill's provisions. Crime Bill is racist.
Tape/Side   2/1
Time   01:55
[Answer Continues.] Senate Bill Designed to Incite Fear
Scope and Content Note: Refers to “world-wide Communist conspiracy.” Has effect of reinstating McCarren Act. List of bill's sponsors.
Tape/Side   2/1
Time   05:30
Question: What Is the Bill's Number?
Tape/Side   2/1
Time   05:30
Answer: Senate Bill 2988
Scope and Content Note: Introduced in February.
Tape/Side   2/1
Time   05:55
Question: Doesn't the Bill Also Attempt to Repeal Decisions of Supreme Court Striking Down Laws Against Subversive Teachers?
Tape/Side   2/1
Time   06:15
Answer: Yes, and Many Other Supreme Court Decisions
Scope and Content Note: Crime Bill, now passed, even denies right of judicial review of Crime Bill itself.
Tape/Side   2/1
Time   06:50
Question: [Inaudible.]
Tape/Side   2/1
Time   06:55
Answer: Supreme Court Can Ignore That Provision of Crime Bill
Tape/Side   2/1
Time   07:10
Question: Doesn't Supreme Court Have Constitutional Privilege of Judicial Review?
Tape/Side   2/1
Time   07:15
Answer: No; Supreme Court “Usurped” That Privilege
Tape/Side   2/1
Time   08:00
Comment from Audience: Constitutional Amendment Necessary to Deny Judicial Review
Tape/Side   2/1
Time   08:15
Reply: “There Is Another Way”
Scope and Content Note: President may choose to ignore Court ruling. Congress could limit Court's jurisdiction.
Tape/Side   2/1
Time   10:00
[Reply Continues.] Marbury vs. Madison
Scope and Content Note: Description of case that established judicial review.
Tape/Side   2/1
Time   13:25
Question: [Missed by Recorder Operator]
Tape/Side   2/1
Time   13:30
Answer: “What Is Constitutional and Unconstitutional Is...What The Judges Say...”
Tape/Side   2/1
Time   14:30
Question: [Missed by Recorder Operator]
Tape/Side   2/1
Time   14:30
Answer: A Current Trend Among Black People Is Strong Urge to Separate
Scope and Content Note: Not Elijah Muhammad's kind of separatism. Blacks want to resist feelings of dehumanization and inferiority. Growing evidence blacks want to be separate but equal.
Tape/Side   2/1
Time   19:10
Question: [Inaudible]
Tape/Side   2/1
Time   19:15
Answer: Black Separatism Is Meant to Last for Generations
Tape/Side   2/1
Time   20:45
Question: [Missed by Recorder Operator]
Tape/Side   2/1
Time   20:45
Answer: Separatism Threatens White Americans
Scope and Content Note: Separatism shows dissatisfaction with established values and with idea of America as land of “one people.” Working within system puts blacks at mercy of whites.
Tape/Side   2/1
Time   22:45
End of Presentation and Responses to Questions