The trial for eight antiwar activists charged with inciting violent demonstrations at the August 1968 Democratic National Convention opens in Chicago before Judge Julius Hoffman. Initially there were eight defendants, but one, Bobby Seale of the Black Panthers, denounced Hoffman as a racist and demanded a separate trial. The seven other defendants, including David Dellinger of the National Mobilization Committee to End the War in Vietnam (MOBE); Rennie Davis and Tom Hayden of MOBE and Students for a Democratic Society (SDS); and Jerry Rubin and Abbie Hoffman of the Youth International Party (Yippies), were accused of conspiring to incite a riot.
At the height of the antiwar and civil rights movements, these young leftists had organized protest marches and rock concerts at the Democratic National Convention. During the event, clashes broke out between the protesters and the police and eventually turned into full-scale rioting, complete with tear gas and police beatings. The press, already there to cover the Democratic convention, denounced the overreaction by police and Chicago Mayor Richard Daley’s handling of the situation.
The Chicago Seven were indicted for violating the Rap Brown law, which had been tagged onto the Civil Rights Bill earlier that year by conservative senators. The law made it illegal to cross state lines in order to riot or to conspire to use interstate commerce to incite rioting. President Johnson’s attorney general, Ramsey Clark, refused to prosecute the case.
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Shortly after the trial began, Seale loudly protested by attempting to examine his own witnesses. Judge Hoffman took the unusual measure of having Seale bound and gagged at the defendant’s table before eventually separating his trial and sentencing him to 48 months in prison.
With encouragement from defense attorney William Kunstler, the seven other defendants did whatever they could to disrupt the trial through such acts as reading poetry and chanting Hare Krishna. While the jury was deliberating their verdict, Judge Hoffman held the defendants in contempt of court for their behavior and sentenced them to up to 29 months in jail. Kunstler received a four-year sentence, partly for calling Hoffman’s court a “medieval torture chamber.” Five of the Chicago Seven were convicted of lesser charges.
In 1970, the convictions and contempt charges against the Chicago Seven were overturned on appeal. Abbie Hoffman remained a well-known counterculture activist until his death in 1989. Tom Hayden went on to a career in politics (and marriage to actress Jane Fonda). He died in 2016.
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