It is true that one crucial function of the schools is training people to take the jobs that society has to offer—in business, government, or the military—so that the assembly lines of profit and death, whether blue-collar or intellectual, may be manned and the society kept going as is. But the much more important function of organized education is to teach the new generation that rule without which the leaders could not possibly carry on wars, ravage the country's wealth, keep down rebels and dissenters: the rule of obedience to legal authority. And no one can do that more skillfully, more convincingly, than the professional intellectual. A philosopher turned university president is best of all. If his arguments don't work on the ignorant students—who sometimes prefer to look at the world around them than to read Kant—then he can call in the police, and after that momentary interruption (the billy club serving as exclamation point to the rational argument) the discussion can continue, in a more subdued atmosphere.

  But let us spend a little time on the United States Marine Corps. The rest of our discussion depends very much on who they are and what they do. John Silber would rather not bring up the Marines; this is understandable because they are an embarrassing burden for anyone to bear.

  Of all the branches of the military, the Marines are the purest specialists in invading and occupying other countries; they have been called on again and again to do the dirty work of the American Empire. All through the twentieth century, they have been the storm troops of United States intervention in Latin America. It was under Woodrow Wilson, an intellectual and university president, who entered the White House in 1913, that the Marines did some of their most ruthless work. In 1915, they invaded Haiti to put down a rebellion against the brutal military dictatorship of Vilbrun Sam, and incidentally to do a favor for the National City Bank of New York and other banking interests. The Haitians resisted, and the Marines killed 2,000 of them as part of a "pacification" program, after which Haiti came under American military and economic control. The following year, Marines invaded the Dominican Republic to help put down an insurrection there, and remained as an occupying force.

  By 1924, the economic activities of half of the twenty Latin American countries were being directed by the United States. "Law and order" were necessary to allow the normal financial operations to continue without interruption. When rebellion broke out in 1926 in Nicaragua (where from 1912 to 1925 a legation guard of American Marines had stood watch in the Nicaraguan capital) "American fruit and lumber companies sent daily protests to the State Department," according to the Council on Foreign Relations. The following year, President Coolidge sent 5,000 Marines to put down the rebels.

  More recently, in 1958, President Eisenhower sent 14,000 Marines into Lebanon (twice the size of the Lebanese army), and it must be said that oil was somewhere on his mind. And when a rebellion broke out in the Dominican Republic in 1965 against the military regime there, Lyndon Johnson sent the Marines. (On television one evening, the American public watched a Marine sergeant shooting in the back a man in Santo Domingo who was kicking garbage into the street). The dispatch of Marines had been urged several years before by Senator George Smathers, a close friend of the Kennedy-Johnson administrations and of business interests in Latin America, who said at the time: "Many Americans, having invested $250 million in the Dominican Republic, believe that Generalissimo Trujillo was the best guarantee of American interests in the country...open intervention must now be considered to protect their property and to prevent a communist coup."

  In Vietnam, the Marines have participated in the general destruction of that country. They have shot civilians, burned villages, and contributed heavily to this country's shame. A dispatch to the Washington Evening Star (August 4, 1965) reported:

  This week Marines teamed with South Vietnamese troops to overrun the Viet Cong-dominated village of Chan Son, 10 miles south of Da Nang. Among 25 persons they killed were a woman and four children.

  "Two of the children died at the hands of a young Marine who tossed a grenade into a village air raid shelter.

  William R. Corson, a Marine colonel in Vietnam, has written about the Marines' search-and-destroy missions:

  There have been many thousands of search-and-destroy missions in Vietnam since the spring of 1965. Each of these operations has its own sad story to tell in terms of the almost total disregard for their effect on the Vietnamese people. Search-and-destroy tactics against VC-controlled areas have degenerated into savagery...

  Corson wrote of Marine and ARVN units forcing 13,000 Vietnamese, almost all old men, women, and children, from Trung Luong, "Without a shot being fired, we had conspired with the ARVN to literally destroy the hopes, aspirations, and emotional stability of 13,000 human beings. This was not and is not war—it is genocide."

  John Silber would like to avoid discussing the Marines. Philosophers are sometimes annoyed by the intrusion of facts into comfortably vague generalizations. He says "We're going to operate a free campus here, so that students who are interested in acquiring information on a variety of jobs may find that information available on this campus...I feel obligated to defend the open campus policy." One would think from the statement by Silber after the Placement Office events that students were protesting the recruitment of Fuller Brush salesmen, instead of men to burn huts, kill peasants, invade other countries. Silber wants us to forget that, and so he talks abstractly about the "open campus." But it is part of rational inquiry to examine the empirical content of concepts. Let's look at the "open campus":

  The campus is not and never has been open, so the term is fraudulent. Not all organizations are given space to recruit; the very language of the University Council statement sets standards for recruiting—"legally constituted organizations" from certain fields; that provides a basis for exclusion. ("SDS has lost its privilege to schedule facilities on the Boston University campus." Dean Staton Curtis.) Not every professor is allowed to teach a course at Boston University; there are standards (academic and other kinds). Not all students are allowed to register; there are requirements (academic and financial). Not all courses are allowed to get credit; there are criteria set by the Academic Policy Committee. Not even all cars are allowed on the parking lot; there are fees and qualifications.

  It is nonsense for the administration to pretend that we must let all organizations recruit or none; what is human intelligence for if not to make distinctions? Would the Placement Office schedule interviews for a company that announced its jobs open to "whites only"? Would the Housing Office list apartments by landlords who discriminated by race or religion? Indeed, the University does make distinctions, in dozens of ways, some justifiable, others not. But to speak blithely of an "open campus" is to distort the truth and to substitute slogans for rational thought.

  There is enough historical experience with such slogans to make us suspicious. The term "free enterprise" used by the National Association of Manufacturers meant freedom for corporations at the expense of consumers. The term "freedom of contract" used by the Supreme Court in the early part of this century meant freedom for employers at the expense of women and children working sixty hours a week. The term "Open Door" used by President McKinley meant freedom for the United States to despoil China just as the other powers had done. And the term "open campus" used by John Silber means freedom for the Marines and Dow Chemical and Lockheed Aircraft (all "legally constituted organizations") to find the personnel to keep the war and the military-industrial machine going.

  Here is Silber:

  We have made it perfectly clear that there is no immunity on this campus from the common and statutory law of the United States or the Commonwealth of Massachusetts. These laws are in effect, and Boston University will cooperate in enforcing these laws.

  Is not respect for human life more important than respect for law? Why did not Silber say instead (telling the Marines to go elsewhere): "We have made it perfectly clear that there is no immunity on this campus from the laws of humanity, which say Thou Shall Not Ki
ll." It is sad that a university president, presumably committed to rational inquiry, should make "respect for the law" his supreme value. It is a standard which shows ethical impoverishment and intellectual laziness.

  The truth is that John Silber does not believe in an open campus. It is just that he wants to be the doorkeeper; he wants to set the standards for who may use the University. The pretense of an open campus is to avoid having to reveal his standards, because they are not easily defensible. They are not moral ones—not standards based on a concern for human beings—not when he opens the campus to the Marines. His standards are legal ones ("legally constituted organizations"). If you are lethal but legal, you will be welcome at Boston University; if you are nonviolent but illegal, the police will be called out to disperse you (violently). Silber's standard of legality is appropriate, not for the independent thinker in a democracy, but for the obsequious servant of the overbearing state.

  Thus, the apparently absolute and attractive principle of the "open campus" is not what it seems. We cannot accept abstract principles without examining their specific content, without asking: what standards are being used, what distinctions are being made? Would we accept the principle of "open skies" without asking if this includes being open to planes carrying hydrogen bombs over populated cities? Would we accept "open riverways" without asking if this means being open to radioactive wastes, or "open streets" without asking if this means being open to cars driving sixty miles an hour past children playing?

  The problem, which Silber either does not see or does not want to see, is that any valid principle (like "openness," or "freedom," or "security") when made an absolute, clashes with other principles equally valid. Somebody's liberty may clash with another person's security. Somebody's right to recruit personnel may clash with another person's right to live. As Zechariah Chafee put it, "Your right to swing your fist stops where my nose begins." To hold to any one principle like the "open campus" ignoring other values, is simplistic thinking; it also contains the seeds of fanaticism. John Silber, in the current B.U. situation, has shown elements of both.

  A rational and human view would balance one ethical principle against others. This cannot be done in the abstract; it can only be done by looking into the factual content of a specific situation. If there is a "right to protest," and a "right to an open campus," there is no way of deciding a conflict between them on ethical grounds, without inquiring more closely: who is protesting and how and at what cost to human life and liberty; who is recruiting, and with what consequences for human beings? The one sure way of evading a decision on ethical grounds, and thus saving the job of investigating the facts, is to make the decision on legal grounds. This is what Silber has done. This avoidance of ethical issues is expected from policemen, but not from philosophers. To rest on the law, one need not inquire into the history and current behavior of the Marine Corps, into the shattered villages, the burned bodies of the Vietnamese people.

  Even inside Silber's legalistic framework, however, empty as it is of human and moral content, there is a troublesome discrepancy. If he is so concerned with "respect for the law," how can he ignore the fact that the Marine Corps is recruiting for an illegal war, a war carried on outside the Constitution by the President and the military, in violation of a halfdozen international treaties signed by the United States? The only difference between the Marines recruiting and Murder, Inc. recruiting (aside from the scale of their violence) is that the lawlessness of the Marines is "legal" in the sense that the authorities, involved themselves in the same crimes, will not prosecute. What hypocrisy there is in the injunction "respect the law!"

  When John Silber was asked at a press conference whether he would allow Nazis to recruit on campus, he evaded the issue by talking about the right of Nazis to speak. But the distinction between free speech and free action is a very important one. By muddying the distinction, Silber is able to transfer to actions like recruiting for war that immunity from regulation that we all want for free speech. But while there are gray areas between speech and action, recruiting is not in that area: the fact that it is accompanied by speech makes it no more an exercise in free speech than a meeting by corporate heads to fix prices, or the instructions of Captain Medina to move into the hamlet of My Lai.

  Freedom of speech should be virtually absolute; this is not because it is not subject to the idea that competing values must be measured against one another for their human consequences, but because in the case of speech the measuring is easy. Free speech is in itself a valuable social good, and it is extremely rare that the exchange of ideas—no matter how wrong or even vicious certain ideas may be—creates such an immediate danger to any person's life or liberty as to warrant regulating it. (The Supreme Court, however, in its patriotic fervor, has often found immediate danger in radicals and pacifists passing out their literature.)

  Speech is one thing. Activities which affect the health or liberty or lives of others, including the activities of business organizations and military organizations, are another matter. John Silber has talked much recently about "civilization and barbarism." But is not war the greatest barbarism? Would not a civilization worthy of the name, while absolutely respecting the free exchange of ideas, halt the aggressive violence of the military? Would not a decent university, while maintaining a campus open to all ideas, take a stand for human life against those who have violated it on such a frightful scale (the dead in Vietnam number over a million)?

  Those words against the war which John Silber delivered at his inauguration remain empty so long as he does not act against the war when he has an opportunity to do so. How small a gesture, and yet what a lesson in defiance it would be for 15,000 B.U. students, if Silber would say to the Marines: "Do your dirty work elsewhere." Cannot a university president match the courage of the young men who have said to the military: we refuse to be inducted—or the courage of the men in the military who have said: we refuse to kill? Those young people, those Gls, acted illegally, but honorably. If John Silber seeks the safety that legality affords, he can have it, but only at the price of dishonor.

  Silber: "...students must be taught...that the real issue is not ideology but respect for law." Is it possible that Silber does not know the chief social function of law has been, in the United States as elsewhere, to maintain the existing structure of privilege and property? Does he not know that the socialization of young people in obedience to law helps keep within the most narrow bounds any attempts to create a truly just society? Does he not know that "the law" cannot be sacred to anyone concerned with moral values, that it is not made by God but by fallible, interest-ridden legislators, and enforced by corrupt prosecutors and judges? Does he not know that the law weighs heaviest on the poor, the black, the social critics, and lightest on the corporate interests, the politically powerful? Does he not know that the police commit assault and battery repeatedly, and the President of the United States is responsible for the murder of hundreds of thousands of people? Does he not know that the law will never take the biggest lawbreakers to task because they are the ones who control the law, and they will use it instead against anti-war priests and nuns, black militants, and student protesters? Does he not understand that "respect for the law" as a supreme value is one of the chief characteristics of the totalitarian society?

  Silber does not talk about the right of civil disobedience. He insists, however, that it stay within the rules laid down by the authorities (of which he is one) when the very spirit of civil disobedience is defiance of authority. He acts surprised when students blocking the Marine recruiters do not walk voluntarily to the police wagons. He seems not to understand that not every advocate of civil disobedience shares his limited definition of it. He invokes Socrates as one who insisted on going along with his own punishment because he felt a basic obligation to Athens. But, in the spirit of free inquiry, we may ask if Socrates was not, in those moments of debate with Crito, absurdly subservient to the power of the state. Should we model ourselves on Socr
ates (that is, on Plato, who put the words in Socrates' mouth) at his most jingoistic moment, saying about one's country that one must "obey in silence if it orders you to endure flogging or imprisonment, or it sends you to battle to be wounded or to die."

  John Silber did not even seem to be embarrassed as he invoked the name of Martin Luther King, claiming that King "emphasized the importance of showing respect for lawfulness at the same time that he refused to abide by a specific law." That is a gross distortion. It is true that King went to jail rather than escaping, but it isn't at all clear that he did this out of any overall respect for "lawfulness" rather than out of tactical and dramatic motives, or simply out of lack of choice. I doubt that King would criticize Angela Davis or Daniel Berrigan, who carried their defiance of authority beyond that point of arrest, who refused to surrender to the government because they believed its activities did not deserve respect. It is true that King urged respect for his opponents and love for all fellow beings, but it is not true that he "emphasized...respect for lawfulness." I knew Martin Luther King, and was with him on occasions of civil disobedience, in Alabama and Georgia, and it is a disservice to his memory to twist his views so as to omit what was by far his chief emphasis: resistance to immoral authority.

  Would Martin Luther King have equated the "violence" of sitting on the steps of the Placement Office (so much like the sit-ins of black students in segregated restaurants, which were also disruptive and illegal) with the violence of the government in war? When Silber said after the Placement office event, "We are not going to be intimidated by brute force and brute violence," he showed a shocking absence of that most essential quality of the intelligent, rational person: a sense of proportion. King was against violence, but he did have a sense of proportion. In his last years, he decided that he would not condemn the violence of black uprisings in the ghetto, before taking into account the record of violence by the United States government. Listen to him, speaking at Riverside Church in New York, April 4, 1967: