THE MEMORIAL OF RESISTANCE

To the Editors of the Crimson:

Two years ago an equally flagrant expansion of the Asian war by the President precipitated widespread demonstrations. That outcry of protest was met with the same kind of brutal response that crystallized our forefathers' resentment against King George. Kent State was our Boston Massacre.

The now-retired agent who led the FBI investigation of Kent has publicly stated that "six guardsmen could be held criminally responsible for their part in the shootings." But the evidence against the National Guardsmen has never been placed before any grand jury. Moreover, the eight-thousand page FBI report, together with all of the incriminating investigative files of the Scranton Commission, have been sequestered in the National Archives, to be held under lock and key for seventy-five years. Even Senator Kennedy has been thwarted in his efforts to gain access to them.

The historic safeguard of American liberty has been the right to a judicial hearing on allegations of violations of constitutional rights. But the efforts of the families of the Kent victims to get such a hearing have been thus far thwarted by two years of legal battles over novel notions of immunity for unconstitutional acts. The apologists of military force are resolved to prevent the cases from ever getting to trial. The financial resources for the legal battle have been virtually exhausted by this dilatory litigation, and the facts have still not been brought to trial. The fund established by the National Council of Churches to aid in securing justice in the Kent State cases has received only scant contributions.

Those of us personally involved in the Kent cases deeply believe that we are struggling to preserve our traditional values of justice, peace, and humanity against the advocates of conformity and the supremacy of force. For us, and for those who share in other aspects of this same struggle, let Kent be the memorial of our resistance. David E. Engdahl   Associate Professor   University of Colorado School of Law