Greenberg, Jack, 1961-1983 - 25 of 56

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JANUARY 11, 197 

For Immediate Release 

ALI DRAFT EVASION CASE TO BE HEARD BY SUPREME COURT: 
MEANS CHAMPIONSHIP FIGHT IS ON 

New York, N.Y. --- The Supreme Court today (Jan. 11) agreed to hear Muhammad 

Ali's appeal from his conviction and five-year sentence for refusal to submit to 

induction into the Armed Forces. In its brief order granting certiorari, the court 

limited its consideration to the issue of whether Ali should have been granted a 

draft exemption because of his conscientious objection to participation in war. Had 

the court declined to hear the case, the heavyweight boxing championship fight between 

Ali and Joe Frazier scheduled for March would not have come off. By that time, Ali 

would have been in jail, serving out his sentence for draft evasion. 

If Ali is successful in his appeal, it will mean the reversal of his criminal 

conviction. 

The NAACP Legal Defense and Educational Fund, Inc. (LDF), which successfully 

brought suit to obtain Ali's license to fight in New York State, is also handling 

his present appeal to the Supreme Court. 

Ali had originally applied for a draft exemption as a Black Muslim on the grounds 

that the teachings of the Lost Found Nation of Islam prevented him from participating 

in any war. At the recommendation of the Justice Department, however, an all-white 

draft board rejected his claim on the ground that Ali's Black Muslim beliefs were 

“political and racial" and thus did not qualify him for the statutory exemption. When 

the Court of Appeals affirmed the denial and upheld Ali's conviction it emphasized 

the allegedly anti-white, anti-christian, and segregationist philosophy of the Muslims. 

The Supreme Court agreed to consider Ali's appeal in light of its own recent 

decision that makes it clear that conscientious objector treatment cannot be denied 

because it is not based upon traditional religious beliefs. Thus, the court will 

decide whether the Selective Service System must treat Black Muslims who are conscien- 

tiously opposed to war on the same basis as registrants who belong to other faiths. 

The decision may have significance for the treatment generally of Black Muslims 

in the eyes of the law, as well as for the many who have refused military service 

because of their beliefs. 

According to LDF Associate Council, James M. Nabrit, III, a written argument will 

be filed with the Supreme Court in about 45 days and an oral argument will probably 

take place in late April or early May of 1971. 

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For Further Information: Attorney Jonathan Shapiro or 
Sandy O'Gorman, Public Info. Dept. 
(212) 586-8397 

NAACP Legal Defense and Education Fund, Inc. | 10 Columbus Circle | New York, N.Y. 10019 | (212) 586-8397 

Hon. Francis E. Rivers - President Jack Greenberg - Director-Counsel