Word: gutknecht
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Dates: during 1970-1979
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...began saying no a year ago when it ruled that James Oestereich of Cheyenne, Wyo., could not be deprived of his statutory exemption as a divinity student just because he turned in his draft card. Two weeks ago, the court voided the speed-up induction of another protester, David Gutknecht of Gaylord, Minn., and outlawed all existing delinquency rules on the ground that Congress never intended to grant draft boards such "broad, roving authority." Last week the court applied its doctrine to the broad category of deferments. That case involved Timothy Breen, a student at Boston's Berklee School...
When David Earl Gutknecht laid his draft card at the feet of a federal marshal in Minneapolis during a Viet Nam War protest in 1967, Selective Service Director Lieut. General Lewis B. Hershey was not amused. After similar acts of defiance by other potential draftees, Hershey sent a memorandum encouraging local draft boards to discipline the protesters by accelerating their inductions as rapidly as Selective Service regulations would permit. Thereupon Gutknecht's draft board declared him "delinquent";* six days later he was jumped ahead of nondelinquent registrants and ordered drafted. He refused to submit and was convicted and sentenced...
...disciplinary or vindictive measure." The board's action, said Douglas, was "a type of administrative absolutism not congenial to our lawmaking traditions." Justice Potter Stewart and Chief Justice Warren Burger concurred, but on the narrower grounds that the draft board had violated Selective Service rules by starting Gutknecht's speedup before giving him a chance to challenge his delinquent status...
...court made it clear that the Government still can prosecute young men in court for violating the regulation that requires them to keep their cards. So Gutknecht is not off the hook. And like other young men currently "delinquent" for similar reasons, he is back in the status that he held before his act of defiance. Gutknecht...