What happened in United States vs O Brien?
In United States v. O’Brien, 391 U.S. 367 (1968), the Supreme Court upheld a federal law prohibiting the knowing mutilation of draft cards, rejecting the First Amendment arguments of an anti-war protester.
Who won the United States v O Brien?
United States (No. 233). The Court decided both actions together and, in a 7–1 decision, upheld the constitutionality of § 462(b)(3), vacated the First Circuit’s decision and reinstated O’Brien’s sentence.
What is the O’Brien test and when does a Court find a law constitutional under this test?
Under the O’Brien rules, government regulation that applies to a form of expression is constitutional if: (1) it is within the constitutional power of government, (2) it furthers an important or substantial governmental interest, (3) that interest is unrelated to the suppression of speech, and (4) the restriction it …
Who was David Paul O Brien?
The case was brought by David Paul O’Brien who was criminally convicted for burning his military draft certificate on the steps of the South Boston Courthouse.
What happened to David Paul O Brien?
Case Summary and Outcome The Supreme Court upheld a conviction for burning a military draft registration certificate on the steps of a courthouse. The case was brought by David Paul O’Brien who was criminally convicted for burning his military draft certificate on the steps of the South Boston Courthouse.
Is burning draft cards illegal?
Burning draft cards was a criminal offense Furthermore, after Congress adopted the Draft Card Mutilation Act of 1965 to promote the efficient operation of the Selective Service System and preempt venues of resistance, it became a criminal offense knowingly to destroy or mutilate one’s draft card.
What were draft cards?
When Selective Service began to store records on computer tapes in the early 1970s, the two cards were combined into one computer-generated Status Card. At no time was the card officially titled “draft card,” but it was by this colloquial name that the proof of registration was usually known.
What was the case of O’Brien v United States?
The Defendant, O’Brien (Defendant), was convicted for symbolically burning his draft card under a federal statute forbidding the altering of a draft card. His conviction was upheld after the Supreme Court of the United States (Supreme Court) found the law constitutional.
Who was the Supreme Court justice for David Paul O’Brien?
391 U.S. 367 v. David Paul O’BRIEN. David Paul O’BRIEN, Petitioner, v. UNITED STATES. Nos. 232, 233. Argued Jan. 24, 1968. Decided May 27, 1968. Solicitor Gen. Erwin N. Griswold for the United States. Marvin M. Karpatkin, New York City, for David Paul O’Brien. Mr. Chief Justice WARREN delivered the opinion of the Court.
How is the O Brien test used in First Amendment cases?
The Court has employed the O’Brien test in a variety of First Amendment cases, even one upholding a public indecency law applied to nude dancing ( Barnes v. Glen Theatre, Inc., 1991). In the flag-burning decision Texas v.
Where did David O Brien burn his draft cards?
In 1966, on the steps of a courthouse in South Boston, David O’Brien and three other men burned their draft cards in public protest. Federal Bureau of Investigation agents watched from the edges of a crowd that had gathered on the steps.
