U.S. v. Clay

Federal Trials and Great Debates 

in United States History

Courtesy: Library of Congress

Cassius Clay, Jr. became heavyweight champion of the world in 1964.

Shortly after winning the title, he announced he had joined the Nation of Islam.

He changed his name to Cassius X and then to Muhammad Ali.

The Conversion of Cassius Clay

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Ali in the ring, 1965

Courtesy: Library of Congress

Ali’s conversion was very controversial.

The Nation of Islam emphasized the plight of African Americans as well as more traditional Islamic beliefs.

Many critics claimed the group was racist and wanted to create a separate society for African Americans.

The Nation of Islam

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Ali watches as Nation of Islam leader Elijah Muhammad speaks to followers

Courtesy: Library of Congress

During the Vietnam War, hundreds of thousands of young men were conscripted, or “drafted,” into the armed forces.

Federal law imposed a maximum sentence of five years in prison and a $10,000 fine on eligible men who refused to serve.

Ali and the Draft

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Ali tries army boots on for size

Courtesy: Library of Congress

Ali and the Draft

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Ali tries army boots on for size

Courtesy: Library of Congress

When he became eligible for the draft in 1966, Ali announced that he had “no quarrel with them Vietcong.” 

He felt America should fix racism and oppression at home instead of fighting in Vietnam.

At that time the war was popular with the public and few other celebrities dared to object.

Ali was widely criticized.

Ali claimed that he should be exempted from military service as a “conscientious objector.”

This status protected some individuals from service based on their beliefs.  

Contentious objectors had to show three things:

That they objected to all wars;

That their objections were based on religion; and

That their objections were sincere

Conscientious Objection

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Conscientious objector claims were handled by an agency called the Selective Service System (“SSS”).

Lawyers for the Department of Justice advised the SSS that Ali failed all three of the criteria for objector status.

The SSS rejected Ali’s claims, and he was ordered to report for military service.

The Selective Service Process

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Armed Forces Examining and Entrance Station, Houston, Texas

Ali refused to enter the military.

He was immediately stripped of his titles and barred from fighting.

He was tried in federal court in Houston.

The jury convicted him after deliberating for only 20 minutes.

Judge Joe Ingraham sentenced Ali to the maximum penalty of 5 years in prison and a $10,000 fine.  

The Court of Appeals for the Fifth Circuit denied Ali’s appeals.

The Trial

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Ali with trial attorney Hayden Covington

Courtesy: Library of Congress

During Ali’s appeal, government lawyers disclosed that his was one of several cases that might have been affected by illegal F.B.I. wiretaps.

The Supreme Court sent the case back to the trial court for a hearing to determine whether illegal surveillance had improperly influenced Ali’s trial.

Judge Ingraham ruled against Ali because the information exchanged in the calls was “innocuous.”

The Court of Appeals for the Fifth Circuit again affirmed Judge Ingraham’s decision.

Covert Surveillance

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Under J. Edgar Hoover (1935-1972), the F.B.I. surveiled many public figures

Courtesy: Smithsonian Institute

Diagram of the appeals process

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The Appeals Process

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Initial Appeal

Initial Appeal

Remand

Second Appeal

SecondAppeal

Supreme 

Court 

of the U.S.

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court 

for the Eastern District of Texas 

(trial court)

Ali’s appeal process lasted from 1967 to 1971.  

During that time, the nation’s attitudes towards Vietnam, the draft, and Ali himself began to shift.

More than 58,000 American soldiers were killed in Vietnam.

As the war dragged on, many Americans began to question whether the war was worth fighting.

The draft process also became increasingly unpopular.

Changing Attitudes

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Ali was an early critic of the Vietnam War

Courtesy: Library of Congress

As it became clear Ali was willing to make great sacrifices, many started to respect his sincerity and tenacity. 

Martin Luther King, Jr., captured a growing sentiment when he argued that “no matter what you think of Mr. Muhammad Ali’s religion, you certainly have to admire his courage.”

Changing Attitudes

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Ali was an early critic of the Vietnam War

Courtesy: Library of Congress

When Ali took his case to the Supreme Court for a second time, the Justices limited the appeal to whether the DOJ had given erroneous legal advice to the SSS.

Solicitor General Erwin Griswold admitted that Ali had sincere religious beliefs, but argued Ali only objected to fighting in “the white man’s wars[.]”

Clay v. United States (1971)

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Justice John Marshall Harlan II

Courtesy: Library of Congress

Clay v. United States (1971)

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Justice John Marshall Harlan II

Courtesy: Library of Congress

When the justices initially voted on the case, a 5-3 majority supported affirming Ali’s conviction.

Justice John Marshall Harlan II changed his mind after researching the Nation more fully.  This left the case tied 4-4.

Justice Potter Stewart then persuaded the remaining justices that the SSS might have denied Ali’s objection to the war based on the incorrect assumptions that he was insincere and that his views were not based on religion.   

Stewart wrote a per curium (a brief opinion on behalf of several justices) overturning Ali’s conviction.

Justice Potter Stewart

Courtesy: Library of Congress

Ali was permitted to fight again shortly before the Supreme Court’s decision.

He eventually regained his world title and became widely regarded as one of the greatest athletes of the twentieth century.

Though Ali’s opposition to the draft was once very unpopular, he became a much-loved figure.

Ali’s draft case formed an important part of his persona.

The Aftermath

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Ali eventually regained his title and popularity

Courtesy: Smithsonian Institute

U.S. v. Clay has long been heralded as a landmark for religious liberty.

The idea of a black Muslim beating the U.S. government in court inspired many people around the world.

Several popular books and films about Ali have reinforced this narrative of the case.

Legal Issues and Social Debates

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Ali’s fame and athletic skill may account for the later perception of the case

Courtesy: Library of Congress

Legal Issues and Social Debates

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However, the courts mostly focused on a different set of issues.

Even the Supreme Court decision in Ali’s favor did not hold that Ali was a conscientious objector.

Instead, the Courts were primarily concerned with the fairness of the process by which Ali was convicted.

Ali’s fame and athletic skill may account for the later perception of the case

Courtesy: Library of Congress

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