United States v. O'Brien

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 passed an amendment to the Selective Service Act criminalizing the destruction or mutilation of draft cards. Penalties included fines up to $10,000 and five years in prison. That same year, David J. Miller of Manhattan publicly burned his draft card and became the first person convicted under the new law. Nevertheless, draft card burning continued as the rate of draftees inducted into service accelerated between 1965 and 1967.

The demand for draftees began to decline in 1969, yet the reported violations of the Selective Service Act including draft card destruction actually increased. However, only 544 cases ended in imprisonment of the 31,831 reported violations. A national public movement to abolish the draft rapidly grew. Finally, in 1973 Congress ended the draft and established an all volunteer army.