Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
United States V. O'Brien
2
United States V. O'Brien
Sorces: Random Informaton. https://supreme.justia.com/cases/federal/us/391/367/
Facts
Summery
David O'Brian Burnd his draft card outside of a Boston Courthouse.
He was convicted under federal law that makes the destruction of draft cards a crime.
World War II, also known as the Second World War, was a global war that lasted
The qustion:
Reasoning
Was the law prohibiting the mutilation of draft cars infinging on O'Briens right to free speach?
Just free speach?
O'Brien said he burned his selective service card to influence other people in the crowd to adopt his anti war ideals.
O'Brien
He argued that the
reason bhind the burning of his draft
card was a way of showing his
opionion in a peacefull way. And becose of his arrest, his rights under the first amendment were violated.
The Reason O'Brian was arrested was becouse of his delicorit violation of the Univercal Military Training and Service Act. Spesifickly section 3 of the article that states any person "wor forges, aletrs, (knowingly destroyes, knowingly mutulates) or in
United States
any manner changes" any such card can be procucuted in court. .
The Majorety Desision
Verdict
The desision came with a 7 to 1 vote in favor of the guilty verdict. The reasoning was becouse of the fact that the Univercal Military Training and Service Act was in full fight of the govermints power provided by the constitution.
And becouse the ishue was alredy in violation of federal laws deeming that selective service cards must be in a persons posetion at all times.
Impact
Outcome
What youj can do:
You can openly critisize and protest the military and its practisis.
You can peacefully peotest any form of court ruling, or govermental act.
What you can't do:
You can not destroy or damage govermental identification.
You can not alter or in any way change a selective service card or military identification card.