United States v. Wayne Lee Campbell

Campbell was convicted for having violated the Military Selective Service Act of 1967, 50 U.S.C.App. § 462, in that he failed to report, as ordered, for civilian employment in lieu of induction into the armed forces. A Jehovah’s Witness, Campbell argues that such order to report was invalid, and that, in any event, to order a Jehovah’s Witness to perform civilian employment in lieu of induction infringes the Witness’ First Amendment rights. We affirm.

Campbell’s principal contention is that his claim for a IV-D (ministerial) exemption was denied without a basis in fact for such denial. He was dedicated as a Jehovah’s Witness in December, 1965, and in 1967, when he was classified by his local board, he was devoting approximately forty hours per month to bible study, personal study, and preparation for meetings. He also spent about ten hours a month in preaching and teaching from door to door. At that time, however, he was occupied with a full-time, forty hour a week, secular job. He admitted to his local board that he did not consider himself to be a “full-time” minister, although he expressed his desire to study and become one.

In order to qualify for a ministerial exemption,…