United+States+v.+O'Brien

In 1966, David O’Brien burned his draft card at a Boston Court House. This angered the public and citizens attempted to attack O’Brien. An FBI agent took O’Brien into the court house away from the angered public and read him his rights. He was arrested for the destruction of draft cards, which from a conclusion of this case was a crime. He said that he was expressing his opposition of the war. The question of the court was, was the law an unconstitutional infragment of O’Brien’s freedom of speech. The court came to a 7 to 1 decision, NO. ZACH KUHN, MIKE SCHRELLO FACTS Was the law an unconstitutional infragment of O’Brien’s freedom of speech?
 * United States v. O'Brien**
 * O'Brien burned his draft card
 * His actions were to influence anti-war
 * Burned his draft card at the Boston Courthouse
 * Arrested
 * ISSUES

MAJOR LAWS DISCUSSION Criminal First Amendment Freedom of Speech Symbolic Speech

DECISION No

REASONING 7 to 1 majority voted unconstitutional to burn a certificate card.

IMPACT Set limitations on freedom of speech Burning a draft card is against the law. Cannot deny the draft

DISSENTING ARGUMENT Justice Douglas