question. Significantly, the much-heralded memorandum on the
availability of integrated facilities failed to review the rules
governing participation in demonstrations, a subject of pressing
interest to an increasing number of Negroes as the civil rights
struggle moved into a more active phase. Bothered by this failure, Air
Force representatives on the policy drafting team had wanted to
provide local commanders with guidance before civil rights incidents
occurred. The justice officials who reviewed the memorandum at
McNamara's invitation, however, were reluctant to see specific
reference to such incidents incorporated, and the matter was
ignored.[20-58]

[Footnote 20-58: Memo, Vance and Runge for SecDef, 5
Jun 61, ASD (M) 291.2.]

In fact, justice officials were not the only ones reluctant to see the
issue raised. It was a common belief in the Defense Department that
military service placed some limitations on a man's basic liberties.
Because servicemen were assigned to their duty station, subject to
immediate transfers and on duty twenty-four hours a day, they were
allowed no opportunity for participating in demonstrations.[20-59] The
department's general counsel was even more specific, saying that a
prohibition against picketing would not conflict with the department's
anti-discrimination policies and could be lawfully imposed by the
services. "Indeed," he believed, "the role of the military
establishment in our society required the imposition of such a
limitation on the off-duty activities of service personnel."[20-60]
Blessed by such authority, the 1960 prohibition against participation
in civil rights demonstrations remained in effect for more than three
years.[20-61]

[Footnote 20-59: Ltr, ASD (M) to John de J. Pemberton,
Jr., Exec Dir, American Civil Liberties Union, 31
Jul 63; Memos for Rcd, OSD Counselor, 26 Apr 61 and
9 Jul 63. All in ASD (M) 291.2 (16 Jul 63).]

[Footnote 20-60: Memo, General Counsel for ASD (M), 15
Jun 62, sub: Picketing by Members of the Armed
Forces, copy in CMH.]

[Footnote 20-61: See Memo, James P. Goode, Office of
SecAF, for Stephen Jackson and Carlisle Runge,
attached to Memo, AF Dep CofS (P) for All Major
Cmdrs, 30 Mar 60, sub: Air Fo