Vets Win Expansion of Freedom of Speech and Right to Assemble

Each October 7 for the last three years, the date of the US invasion of Afghanistan, members of Veterans For Peace and their allies have gathered at the Vietnam Veteran’s Memorial in Lower Manhattan for a soulful ceremony. Their purpose: to mark another year of a war in Afghanistan and call for peace, to honor all whose lives are destroyed by war and to expand the First Amendment right to peaceably assemble.

This year, they were finally able to do so without facing a small army of police threatening arrest if the ceremony went past the arbitrary 10 pm curfew placed on the memorial.

And this year, veterans and allies had more reasons to gather: to protest new wars being waged by President Obama without approval of Congress or the United Nations and to remember the much-loved Jacob David George, a veteran of three tours in Afghanistan, who died of ‘moral injury’ three weeks before.

Jacob was only 19 when he went overseas to Afghanistan for his first tour. He grew up in the mountains of Arkansas and was a talented poet and musician. After his tours, he struggled to survive in the United States, surrounded by war culture. He set off to bicycle around the country to speak about the realities of war and the need for peace, a trip that he called “A Ride til the End.” He sang “Soldiers Heart”:

I’m just a farmer from Arkansas, there’s a lot of things I don’t understand, like why we send farmers to kill farmers in Afghanistan. I did what I’s told for my love of this land. I come home a shattered man with blood on my hands.

Now I can’t have a relationship, I can’t hold down a job. Some may say I’m broken, I call it Soldier’s Heart. Every time I go outside, I gotta look her in the eyes knowing that she broke my heart, and turned around and lied.

Red, white and blue, I trusted you and you never even told me why.

“Soldier’s Heart” is a Civil War phrase used to describe what we now know as Post Traumatic Stress Disorder (PTSD).  Jacob wrote that Soldiers Heart “more accurately describes my wounds and what I experienced.” “Moral injury,” which Jacob wrote was a major component of PTSD, leads to 22 veteran suicides a day.

Jacob was with members of Veterans for Peace and thousands of others in Freedom Plaza in Washington, DC for the tenth anniversary of the Afghanistan War in October, 2011. He had spent part of the summer in Afghanistan with the Afghan Youth Peace Volunteers. Jacob performed that night in Freedom Plaza and the Afghan Youth joined the event from Afghanistan by Skype. After that, he continued to travel in his search for healing and to participate in the Occupy Movement. In the summer of 2012, he marched 99 miles with the Guitarmy from Philadelphia to New York City.

Ending the Nightmares of War

Although most war memorials throughout the United States are open to the public 24 hours a day, seven days a week, the Vietnam Veterans’ Memorial in New York ‘closes’ at 10 pm, that is, if you are expressing First Amendment rights.

There is no good reason to close the memorial since it is located on a plaza surrounded by office buildings.  It isn’t really possible to close this memorial anyway. It is used as a walkway for pedestrians and dog walkers at all hours of the day and night. The veterans believe there should be no curfew as the nightmares of war don’t know curfews and they often surface late at night. War memorials should be a place of peace and refuge for those who need it without threats of intimidation or arrest by police.

The curfew has only been enforced when people are exercising their right to peaceably assemble. Tarak Kauff, a board member of Veterans For Peace, first noted the curfew at a 2012 May Day assembly by Occupy Wall Street. Tarak describes the assembly as “what you would want to see in a democracy, people gathering to discuss solutions to community problems.” Troops of NY police confronted the assembly. Members of the Veterans Peace Team stood between the police and people; and were arrested. This constitutionally permitted, democratic gathering was stopped for no good reason.

Kauff brought the idea of a campaign to open the Memorial to Vets For Peace who embraced it, holding their first memorial service on October 7, 2012. Hundreds gathered at the Memorial for a powerful ceremony. Father George Packard, Chris Hedges and veterans from World War II through the wars of today spoke, read poems and sang. Participants read names of New Yorkers who were killed in war and of civilians in Vietnam, Iraq and Afghanistan who were also killed. After every 20 names, a gong was struck and flowers were placed in 11 vases, one for every year in Afghanistan.

As the ceremony continued, the police presence began to grow. When 10 PM arrived, the reading of the names was interrupted by a police captain with a bullhorn warning that if the crowd did not disperse, arrests would be made. Undaunted, veterans and allies persisted in reading names and honoring the dead as some in the crowd moved to the margins of the park. One by one, 25 people who continued the memorial were arrested. Those arrested included a decorated World War II Veteran and a Vietnam War Medic for whom the nightmares of holding the wounded in his arms have never ceased. The police were placed in an uncomfortable position – arresting veterans reading the names of the dead to enforce a capricious curfew.

A friend of Jacob George, Brock McIntosh, also an Afghanistan veteran described the feelings of Jacob and many vets:

Jacob did all he could as a warrior to speak and to warn about the dangers of war. Jacob spoke to me often of moral injury, and he once told me about meeting a Vietnam veteran who felt that every war was his war, who blamed himself for not stopping each war that happened, one after the next. Jacob felt that burden.

Veterans and allies returned in 2013 to protest the deep war culture embraced by the United States. To make that point, among the war dead remembered were Indigenous peoples slaughtered in the “Indian Wars.”  That year several of the veterans refused to be removed easily. Firm in their belief that they had a right to be there, that the memorial was created to honor the dead and that nothing should interfere with that, five veterans linked themselves together with thick plastic handcuffs and lay down in front of the memorial when the police arrived to arrest them. Altogether, nineteen were arrested.

Jacob was there that year. One vet who stood with him recounted that Jacob was very distressed to see his comrades being arrested for protesting the wars and honoring the dead.

The veterans and allies who were arrested had two goals. They wanted to use the judicial process to end the curfew at the Memorial and to introduce the International Covenant on Civil and Political Rights to expand the definition of Freedom of Speech to meet the international standard rather than the narrow and shrinking US standard.

Instead, charges were dropped for many of the arrestees and 14 who spent a week in trial were denied justice. The judge refused to entertain the expanded definition of free speech and found them guilty but then dismissed the charges “in the interest of justice,” undermining their ability to appeal.

Fourteen of the second year arrestees had their charges dismissed and the five who linked themselves together had their charges downgraded against their will to avoid a jury trial. The judge also found them guilty but gave them conditional release.

Each time the vets appeared in court, police officers shook their hands, thanked them and told them they supported what they were doing. The memorial services were having an added effect of dividing the police.

Victory is bittersweet

This year, the veterans won the right to stay at the memorial without interference from the police. In a letter to the mayor, the veterans outlined their intent to hold the vigil again and their desire that the memorial remain open at all hours. They thanked the mayor for his statement, after the Flood Wall Street protest two weeks before, that First Amendment Rights were more important than traffic and invited him to join them on October 7. The mayor’s office responded by saying that the curfew would be lifted for the night.

The mood at the Vietnam Veterans Memorial this year was bittersweet. There was palpable relief that we were free to express ourselves without police intimidation and that we could choose when to leave under our own terms. But there was also greater sadness than years before because a week after the President began bombing Iraq again and then Syria, Jacob George took his life. Some suspect the trauma of watching another US war begin, knowing that more soldiers and innocent civilians would die or be forever traumatized and seeing the Masters of War succeed in manipulating the public to support war was too much to bear.

Jacob wrote:

With our choice to join the US military, we soldiers gained great insights into the effects of war. During basic training, we are weaponized: our souls are turned into weapons. This intentional adjustment of the moral compass seems to be the onset of Moral Injury. Basic training demands the dehumanization of the enemy.

Through my personal healing from PTSD, I’ve discovered it’s not possible to dehumanize others without dehumanizing the self.

We gathered that night to speak, read poems and sing together once again. We remembered Jacob and all who are devastated by war.  Large photos of Jacob were placed on the memorial wall.  ‘Taps’ was played.

One vet read a statement about the damage war does and the toll it takes on families, remembering his nephew, a vet who also committed suicide:

Not only was he profoundly affected by war, but so was his entire family. The pain will be felt by those who loved him for generations. That is what war does. It causes deep wounds that cut across generations. His father, a Vietnam Veteran, is having a very difficult time and has withdrawn, buried in grief. He already suffered from PTSD, and this has made things much worse. His mother, my sister, is racked with guilt and blames herself for not being able to help [her son].

A poem by Vets For Peace poet laureate, Doug Rawlings, called We Need Not Go There Again: A tribute to Jacob George, was read:

Over 100 years of
shooting into a mirror
thinking they were
squashing the other —
first the Hun, then the Nip, then the gook,
and now the sand niggers —
the old war mongers remain insatiable
in their self-delusion

Freudian analysts can’t get them off
their couches:
moral cripples
they never sense
that something is awry

How could they?
It is not the blood
of their daughters and sons
pours back into their hands
slippery with the stench
of their calculated ignorance

They will continue to
worship at the alter
of Pontius Pilate
to wash their hands
in the trough
of our passivity

until we gather in the streets
until we bring down
the walls of the Pentagon
singing the choruses
of Jacob George

We formed a circle and one by one, we walked the circle and hugged each other. Members of the Guitarmy led us through songs written by Jacob. We also sang Down By the Riverside and Lean On Me. We read names of the dead, raised our fists and shouted “Presente” in unison after each name. Afterwards, we talked quietly in small groups. And when we were ready, we left the memorial.

It took three years to win the right to vigil at the war memorial. The next task is to change the policy so that it remains open at all times and is there for those who need it. Members of Veterans for Peace are committed to seeing that task through. We hope this campaign encourages others to find ways to expand our rights.

Though it is important to choose particular days to gather for remembrance and protesting these illegal and unjust wars, the work for peace is a daily task. Those who are not fooled by the propaganda or persuaded by partisanship can best honor those who have died and those still living who have served by speaking out regularly for an end to war.

In his song called Support the Troops, Jacob wrote:

I’m tellin’ you, don’t thank me for what I’ve done. Give me a hug and let me know we ain’t gonna let this happen again because we support the troops and we’re gonna bring war to an end.

• This article was first published at Mint Press News

Kevin Zeese and Margaret Flowers are co-directors of Popular Resistance. Margaret serves as co-chair of the Green Party of the United States. Read other articles by Kevin Zeese and Margaret Flowers.