Michael Kelvin Ferber (born July 1, 1944) was the youngest of the five defendants in the federal anti-draft trial in the spring of 1968 in
Boston
Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
, Massachusetts. The trial attracted national attention because one of the defendants was
Dr. Benjamin Spock, the well-known pediatrician and author of the best-selling ''
The Common Sense Book of Baby and Child Care''. The other defendants were the
Rev. William Sloane Coffin, Jr., chaplain of Yale University;
Mitchell Goodman
Mitchell Goodman (December 13, 1923 – February 1, 1997) was an American writer, teacher, and activist. He is best known for his role in the Vietnam draft resistance movement, which drew the high-profile 1968 federal prosecution of the "Boston ...
, novelist and teacher; and
Marcus Raskin
Marcus Goodman Raskin (April 30, 1934 – December 24, 2017) was an American progressive social critic, political activist, author, and philosopher. He was the co-founder, with Richard Barnet, of the progressive think tank the Institute for Po ...
, a lawyer who served briefly on the
U.S. National Security Council
The United States National Security Council (NSC) is the national security council used by the president of the United States for consideration of national security, military, and foreign policy matters. Based in the White House, it is part ...
under Kennedy and co-founded the
Institute for Policy Studies
The Institute for Policy Studies (IPS) is an American Progressivism in the United States, progressive think tank, formed in 1963 and based in Washington, D.C. It was directed by John Cavanagh (economist), John Cavanagh from 1998 to 2021. In 202 ...
. The trial was known as
"The Spock Trial" and the defendants as "The Boston Five".
Early life and education
Ferber was born in
Buffalo, New York
Buffalo is a Administrative divisions of New York (state), city in the U.S. state of New York (state), New York and county seat of Erie County, New York, Erie County. It lies in Western New York at the eastern end of Lake Erie, at the head of ...
, one of two children of Kelvin Ferber, a chemist, and Renette Bernhard Ferber. His older sister, Joanna Ferber Shulman, is now a retired obstetrician-gynecologist living in New York City. He attended
Bennett High School in Buffalo and
Swarthmore College
Swarthmore College ( , ) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Swarthmore, Pennsylvania, United States. Founded in 1864, with its first classes held in 1869, Swarthmore is one of the e ...
in Pennsylvania (BA in Greek Literature 1966); while at Swarthmore he was active in the student group supporting the
civil rights movement in the nearby city of
Chester
Chester is a cathedral city in Cheshire, England, on the River Dee, Wales, River Dee, close to the England–Wales border. With a built-up area population of 92,760 in 2021, it is the most populous settlement in the borough of Cheshire West an ...
, where he was arrested for a sit-in in the city hall in the fall of 1963.
[
]
Involvement in Vietnam War resistance movement and the Boston Five
While a doctoral student in English at Harvard University
Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
, Ferber grew increasingly involved in the movement against the U.S. war in Vietnam, and came to feel he should no longer cooperate with the Selective Service System
The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the United States government that maintains a database of registered male U.S. Citizenship of the United States, citizens and o ...
. In fall 1967 he helped organize and publicize a ceremony at the Arlington Street Church, Boston, where draft-age men were to turn in their draft card
Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it contin ...
s and pledge to refuse induction and go to prison. That was the strategy proposed by a group of California students calling themselves "The Resistance," whose main spokesperson was David Harris. Ferber gave a short sermon at the ceremony on Oct. 16 ("A Time to Say No") and, as the only member of the Boston Five who actually had a draft card, joined some 200 men who turned over their cards to several dozen ministers and priests; he then took the cards to Washington where they were added to hundreds more from around the country and given to the Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
.
The charge against Ferber and the others was conspiracy to aid, abet, and counsel others to violate the draft law. Technically, persons who advocate refusal of military service in wartime are not legally protected by the First Amendment
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
's freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
clause. The relevant Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
precedent is ''Schenck v. United States
''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Hol ...
'', 1919, upholding the espionage conviction of Charles Schenck
''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Hol ...
for distributing anti-draft leaflets to potential draftees. In 1931, the Schenck ruling was quoted and reiterated in ''Near v. Minnesota
''Near v. Minnesota'', 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to ...
'', where Justice Charles Hughes affirmed that the government could suppress speech in order to prevent "obstruction to its recruiting service."
The Boston Five defendants were openly defying this established legal exception to free speech. In order to have their day in court, the defendants pleaded not guilty, but judge Francis Ford ruled out any arguments about the war, the draft itself, or the constitutionality of their speech. Ferber and all the others but Raskin were convicted, sentenced to two years in prison, and released on personal recognizance, pending appeal. A year later the appellate court threw out the case on largely procedural grounds. The government did not appeal the reversal of conviction, and the case was dropped. No defendant served time, and they all became well-known organizers in the anti-war movement.
Academic career
Ferber withdrew from Harvard for two years to write a book, ''The Resistance'', with the historian Staughton Lynd
Staughton Craig Lynd (November 22, 1929 – November 17, 2022) was an American political activist, author, and lawyer. His involvement in social justice causes brought him into contact with some of the nation's most influential activists, includ ...
. He returned in 1971 and completed his Ph.D. in 1975, with a thesis on William Blake
William Blake (28 November 1757 – 12 August 1827) was an English poet, painter, and printmaker. Largely unrecognised during his life, Blake has become a seminal figure in the history of the Romantic poetry, poetry and visual art of the Roma ...
. After serving as an assistant professor at Yale
Yale University is a private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the third-oldest institution of higher education in the United States, and one of the nine colonial colleges ch ...
(1975-1982), he joined the Coalition for a New Foreign Policy as a staff member, writing articles and lobbying Congress on disarmament and arms control
Arms control is a term for international restrictions upon the development, production, stockpiling, proliferation and usage of small arms, conventional weapons, and weapons of mass destruction. Historically, arms control may apply to melee wea ...
. In 1987 he became a professor of English at the University of New Hampshire
The University of New Hampshire (UNH) is a Public university, public Land-grant university, land-grant research university with its main campus in Durham, New Hampshire, United States. It was founded and incorporated in 1866 as a land grant coll ...
, where he taught until 2018. He has published several books about poetry, as well as ''A Dictionary of Literary Symbols'' (2nd ed. Cambridge University Press, 2007), and remains active in social and political movements. Two marriages ended in divorce. He has been married to Susan Arnold since 1987; they have a daughter, Lucy Arnold, who lives in San Francisco
San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
.
Books authored
*''The Resistance''. Boston: Beacon Press, 1971. (With Staughton Lynd)
*''The Social Vision of William Blake''. Princeton: Princeton University Press, 1985.
*''The Poetry of William Blake''. London: Penguin, 1991.
*''The Poetry of Shelley''. London: Penguin, 1993.
*''A Dictionary of Literary Symbols''. Cambridge: Cambridge University Press, 1999; 2nd ed. 2007; 3rd ed. 2017.
*''European Romantic Poetry''. New York: Pearson Longman, 2005. (Edited)
*''A Companion to European Romanticism''. Oxford: Blackwell, 2005. (Edited)
*''Romanticism: A Very Short Introduction''. Oxford: Oxford University Press, 2010
*''The Cambridge Introduction to British Romantic Poetry''. Cambridge: Cambridge University Press, 2012.
*''Poetry and Language: The Linguistics of Verse''. Cambridge: Cambridge University Press, 2019.
See also
* List of peace activists
This list of peace activists includes people who have proactively advocated Diplomacy, diplomatic, philosophical, and non-military resolution of major territorial or ideological disputes through nonviolent means and methods. Peace activists usua ...
References
External links
Michael Ferber's homepage
{{DEFAULTSORT:Ferber, Michael
American male writers
American activists
Harvard Graduate School of Arts and Sciences alumni
1944 births
Living people
Swarthmore College alumni