The My Lai Verdict at 45: How the Trial Split the Nation

4 minute read
Apr. 12, 1971
The Apr. 12, 1971, cover of TIMETIME
By Lily Rothman

The shooting of hundreds of people in the Vietnamese village of My Lai in 1968 marked a pivotal turning point in America’s feelings about the the Vietnam War. But while public awareness of the massacre, which spread in the year after the event, stoked anti-war sentiment, the verdict in the trial of one of the soldiers held responsible elicited a more complicated reaction.

When Lt. William Calley was found guilty of murdering more than 20 Vietnamese civilians, it ended the argument that an American soldier could not have possibly done such a thing. But the verdict of Mar. 29, 1971, despaired hawks and doves alike.

Read more: Read the Letter That Changed the Way Americans Saw the Vietnam War

As TIME explained in a cover story about the trial, those who had believed Calley innocent “sought refuge in the oversimple conclusion that Calley was merely a scapegoat” or that “the Army sent Calley to Viet Nam to kill and should not punish him for doing precisely that.” On the other side, many of those who had no trouble believing that My Lai had happened were in agreement: accountability was key, they argued, but the finger should be pointed at the whole system, not Calley. Nobody was satisfied, though for starkly different reasons.

See the Most Iconic Photos of the Vietnam War

An American 1st Air Cavalry helicopter airlifts supplies into a Marine outpost during Operation Pegasus in Vietnam in 1968.
An American 1st Air Cavalry helicopter airlifts supplies into a Marine outpost during Operation Pegasus in Vietnam in 1968.Larry Burrows—The LIFE Picture Collection/Getty Images
The Reverend Thich Quang Duc, a 73-year-old Buddhist monk, soaked himself in petrol before setting himself on fire to himself and burning in front of thousands of onlookers at a main highway intersection in Saigon on June 11, 1963.
The Reverend Thich Quang Duc, a 73-year-old Buddhist monk, soaked himself in petrol before setting himself on fire to himself and burning in front of thousands of onlookers at a main highway intersection in Saigon on June 11, 1963. Malcolm Brown—AP
American jets drop napalm on Viet Cong positions early in the Vietnam conflict in 1963.
American jets drop napalm on Viet Cong positions early in the Vietnam conflict in 1963.Larry Burrows—The LIFE Picture Collection/Getty Images
Hovering U.S. Army helicopters pour machine gun fire into the tree line to cover the advance of South Vietnamese ground troops in an attack on a Viet Cong camp 18 miles north of Tay Ninh, northwest of Saigon near the Cambodian border, in March 1965.
Hovering U.S. Army helicopters pour machine gun fire into the tree line to cover the advance of South Vietnamese ground troops in an attack on a Viet Cong camp 18 miles north of Tay Ninh, northwest of Saigon near the Cambodian border, in March 1965.Horst Faas—AP
Newly-landed U.S. Marines make their way through the sands of Red Beach at Da Nang, on their way to reinforce the air base as South Vietnamese Rangers battled guerrillas about three miles south, on April 10, 1965.
Newly-landed U.S. Marines make their way through the sands of Red Beach at Da Nang, on their way to reinforce the air base as South Vietnamese Rangers battled guerrillas about three miles south, on April 10, 1965.Peter Arnett—AP
A Vietnamese mother and her children wade across a river, fleeing a bombing raid on Qui Nhon by United States aircraft on Sept. 7, 1965.
A Vietnamese mother and her children wade across a river, fleeing a bombing raid on Qui Nhon by United States aircraft on Sept. 7, 1965.Kyoichi Sawada—Bettmann/Corbis
A mortally wounded comrade at his feet, Lance Cpl. James C. Farley, helicopter crew chief, yells to his pilot after a firefight in Vietnam, 1965.
A mortally wounded comrade at his feet, Lance Cpl. James C. Farley, helicopter crew chief, yells to his pilot after a firefight in Vietnam, 1965.Larry Burrows—The LIFE Picture Collection/Getty Images
A Viet Cong prisoner captured during Cape Batangan battle awaits transfer to a US POW compound in 1965.
A Viet Cong prisoner captured during Cape Batangan battle awaits transfer to a US POW compound in 1965.Paul Schutzer—The LIFE Picture Colleciton/Getty Images
The body of an American paratrooper killed in action in the jungle near the Cambodian border is raised up to an evacuation helicopter in War Zone C in Vietnam on May 14, 1966.
The body of an American paratrooper killed in action in the jungle near the Cambodian border is raised up to an evacuation helicopter in War Zone C in Vietnam on May 14, 1966.Henri Huet—AP
American Marines during Operation Prairie near the DMZ in Vietnam in Oct.1966.
American Marines during Operation Prairie near the DMZ in Vietnam in Oct. 1966.Larry Burrows—The LIFE Picture Collection/Getty Images
Wounded Marine Gunnery Sgt. Jeremiah Purdie (center, with bandaged head) reaches toward a stricken comrade after a fierce firefight south of the DMZ in Vietnam in Oct. 1966.
Wounded Marine Gunnery Sgt. Jeremiah Purdie (center, with bandaged head) reaches toward a stricken comrade after a fierce firefight south of the DMZ in Vietnam in Oct. 1966.Larry Burrows—The LIFE Picture Collection/Getty Images
Jan Rose Kasmir confronts the American National Guard outside the Pentagon during the 1967 anti-Vietnam march in Washington on Oct. 21, 1967.
Jan Rose Kasmir confronts the American National Guard outside the Pentagon during the 1967 anti-Vietnam march in Washington on Oct. 21, 1967.Marc Riboud—Magnum Photos
South Vietnamese General Nguyen Ngoc Loan, chief of the National Police, fires his pistol into the head of suspected Viet Cong officer Nguyen Van Lem (also known as Bay Lop) on a Saigon street on Feb. 1, 1968.
South Vietnamese General Nguyen Ngoc Loan, chief of the National Police, fires his pistol into the head of suspected Viet Cong officer Nguyen Van Lem (also known as Bay Lop) on a Saigon street on Feb. 1, 1968.Eddie Adams—AP
A grieving widow cries over a plastic bag containing remains of her husband which were found in mass grave. He was killed in Feb. 1968 during the Tet offensive.
A grieving widow cries over a plastic bag containing remains of her husband which were found in mass grave. He was killed during the Tet offensive in 1968.Larry Burrows—The LIFE Picture Collection/Getty Images
The battle for Saigon in 1968.
The battle for Saigon in 1968.Philip Jones Griffith—Magnum Photos
As fellow troopers aid wounded comrades, the first sergeant of A Company, 101st Airborne Division, guides a medevac helicopter through the jungle foliage to pick up casualties suffered during a five-day patrol near Hue in Vietnam in April 1968.
As fellow troopers aid wounded comrades, the first sergeant of A Company, 101st Airborne Division, guides a medevac helicopter through the jungle foliage to pick up casualties suffered during a five-day patrol near Hue in Vietnam in April 1968.Art Greenspon—AP
A wounded U.S. paratrooper grimaces in pain as he awaits medical evacuation at base camp in the A Shau Valley near the Laos border in South Vietnam on May 19, 1969.
A wounded U.S. paratrooper grimaces in pain as he awaits medical evacuation at base camp in the A Shau Valley near the Laos border in South Vietnam on May 19, 1969.Hugh Van Es—AP
South Vietnamese forces follow after terrified children, including 9-year-old Kim Phuc (center) as they run down Route 1 near Trang Bang after an aerial napalm attack on suspected Viet Cong hiding places on June 8, 1972.
South Vietnamese forces follow after terrified children, including 9-year-old Kim Phuc (center) as they run down Route 1 near Trang Bang after an aerial napalm attack on suspected Viet Cong hiding places on June 8, 1972.Nick Ut—AP
Released prisoner of war Lt. Col. Robert L. Stirm is greeted by his family at Travis Air Force Base in Fairfield, Calif., as he returns home from the Vietnam War on March 17, 1973.
Released prisoner of war Lt. Col. Robert L. Stirm is greeted by his family at Travis Air Force Base in Fairfield, Calif., as he returns home from the Vietnam War on March 17, 1973.Sal Veder—AP
A North Vietnamese tank rolls through the gates of the Presidential Palace in Saigon, signifying the fall of South Vietnam, on April 30, 1975.
A North Vietnamese tank rolls through the gates of the Presidential Palace in Saigon, signifying the fall of South Vietnam, on April 30, 1975.AP
A CIA employee (probably O.B. Harnage) helps Vietnamese evacuees onto an Air America helicopter from the top of 22 Gia Long Street, a half mile from the U.S. Embassy on Apr. 25, 1975.
A CIA employee (probably O.B. Harnage) helps Vietnamese evacuees onto an Air America helicopter from the top of 22 Gia Long Street, a half mile from the U.S. Embassy on Apr. 25, 1975.Corbis

Nationwide, the indications of the split were many: protests (““We are all of us in this country guilty for having allowed the war to go on,” future Secretary of State John Kerry said at a protest. “We only want this country to realize that it cannot try a Calley for something which generals and Presidents and our way of life encouraged him to do”), flags flown at half-mast—even songs:

But TIME’s editorial stance on the matter was clear to see:

The tragic reality of My Lai and what it stands for is being avoided in two ways. One is by concluding that the fault is universal and therefore requires a universal bath of guilt, comforting in its generality. The other is by pretending that what happened was necessary and even commendable. The first view insists on the original sin of American Viet Nam policy and holds that Presidents should go to jail. Apart from having obvious legal flaws, the “we-are-all-guilty” position presents a moral trap: if everyone is guilty, no one is guilty or responsible, and the very meaning of morality disintegrates.

The other view, that Calley only did his duty, is equally untenable. It is one thing to sympathize with him or to hold that others are culpable as well; it is quite another to deny the difference between killing an armed guerrilla and mowing down old men, women and children. Even amid horror, distinctions must be made—that is the essence of law, morals and therefore survival. Not to make them is a form of moral blindness. That blindness and the attendant glorification of Lieut. Calley may well be the ultimate degradation of the U.S. by the Viet Nam War.

Major Brown, the pensive juror, believes that if the verdict is “tearing this country apart, it is good because maybe it will make [Americans] look within themselves to find out what’s wrong. I don’t think it will hurt the U.S.” Maybe not. Yet the crisis of conscience caused by the Calley affair is a graver phenomenon than the horror following the assassination of President Kennedy. Historically, it is far more crucial. Within its limits, the Warren Commission served to mute much of the national agitation that ensued after Kennedy’s death. Nixon has ruled out a Warren-style review of the Calley case itself, but there are suggestions inside the Administration and out that a comparably nonpartisan commission explore the whole question of American conduct of the Viet Nam War. Some Americans are skeptical; Harvard Sociologist Seymour Martin Lipset thinks that it would not reduce national tensions simply because “there are no neutral people left in the country.” Still, Americans must find some means of confronting what they have done to themselves in Viet Nam and what they will continue to do to themselves until U.S. involvement in Indochina finally, irrevocably and mercifully comes to an end.

See how LIFE reported on My Lai: American Atrocity

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Write to Lily Rothman at lily.rothman@time.com