Civilly Disobedient: The Draft Resistance of Frank Emi and the Heart Mountain Fair Play Committee

TOPIC:

OBJECTIVES:

  • Explain how the actions of Frank Emi and the organizers of the Heart Mountain Fair Play Committee were founded in recognition of their denial of Constitutional rights and protections.
  • Demonstrate how the civil disobedience at Heart Mountain contributed to the draft resistance movement in Japanese American incarceration camps.
  • Understand the role that Frank Emi played in shaping the public identity of Japanese Americans during and after the era of Japanese internment.

INTRODUCTION

Frank Emi was a second-generation Japanese American (Nisei) from Los Angeles, California, who, like countless other Japanese Americans in 1942, was forcibly moved into a “relocation center” by the War Relocation Authority (WRA) as a result of Executive Order 9066. Emi was incarcerated at the Heart Mountain Relocation Center, where he was then obliged by the WRA to fill out a so called “Loyalty Questionnaire” – which was administered to all Japanese American internees to assess their loyalty to the United States. In response to two infamous questions on the questionnaire, questions 27 and 28, Emi responded that “under the present conditions I am unable to answer these questions.”

Along with ACLU member Kiyoshi Okomoto, Frank Emi formed the Heart Mountain Fair Play committee in protest of the questionnaire. The committee maintained that if the government restored full citizenship to the Heart Mountain Nisei internees, such as due process before the law, they would gladly comply with selective service requirements. As a result, Frank Emi was among 7 individuals indicted by Judge Eugene Rice on counts of conspiracy to violate the Selective Service Act and imprisoned at Leavenworth Federal Penitentiary; a group of 63 other Heart Mountain Nisei would later be indicted through mass trial of draft resistance. On December 24th, 1947, President Harry S. Truman would grant a pardon to all Nisei draft resisters, restoring all of their political and civil rights.

ESSENTIAL QUESTIONS

  • How are Constitutional rights withheld or removed for marginalized groups like Japanese Americans during World War II?
  • What was the ultimate effect of this widespread draft resistance?
  • What lessons do the story of Frank Emi and the Heart Mountain Fair Play Committee hold for the persecution of other marginalized groups?

KIT INCLUDES