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United States v. O'Brien - Significance, Draft Card Burning

Petitioner

United States

Respondent

David Paul O'Brien

Petitioner's Claim

That a federal law prohibiting the destruction of draft cards is not a violation of the First Amendment's free speech guarantees.

Chief Lawyer for Petitioner

Erwin N. Griswold, U.S. Solicitor General

Chief Lawyer for Respondent

Marvin M. Karpatkin

Justices for the Court

Hugo Lafayette Black, William J. Brennan, Jr., Abe Fortas, John Marshall Harlan II, Potter Stewart, Earl Warren (writing for the Court), Byron R. White

Justices Dissenting

William O. Douglas (Thurgood Marshall did not participate)

Place

Washington, D.C.

Date of Decision

27 May 1968

Decision

The Supreme Court upheld the federal statute and O'Brien's conviction.

Further Readings

  • Bosmajian, Haig A., comp. Dissent: Symbolic Behavior and Rhetorical Strategies. Boston, MA: Allyn and Bacon, 1972.
  • Bracken, Harry M. Freedom of Speech: Words Are Not Deeds. Westport, CT: Praeger, 1994.
  • Greenawalt, Kent, Fighting Words: Individuals, Communities, and Liberties of Speech. Princeton, NJ: Princeton University Press, 1995.

Additional Topics

United States v. O'Brien - Significance

O'Brien saw the advent of a new test for determining the constitutionality of government regulation of "symbolic" speech. On 31 March 1966, David O'Brien and three companions burned their selective service registration cards on the steps of the South Boston Courthouse. The purpose of their symbolic gesture was to protest the war in Vietnam, and a sizeable crowd-including several agents of the Fede…

United States v. O'Brien - Draft Card Burning

As the 1960s progressed the war in Vietnam substantially escalated. Many Americans, believing the war immoral, criticized the Selective Service System which drafted young men into military service. Chanting "We Won't Go," more than 1,000 students gathered in New York City in May of 1964 to protest. Twelve burned their draft cards in a symbolic expression of opposition to the war. In 1965 Congress …

Tinker v. Des Moines Independent Community School District - Significance, Related Cases, Student Protests, 1964-1967, Further Readings [next] [back] Bond v. Floyd - Significance, Can States Require That Legislators Meet Ethical Standards?, Maximum Freedom To Say Anything, Anywhere, At Any Time

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