Warren was not persuaded that the draft cards were arbitrary, unnecessary pieces of paperwork that served no practical purpose. But this became the standard used to evaluate First Amendment challenges on such a basis moving forward. Technically, this section of the opinion may not have had precedential value, for Warren was unsure whether O'Brien's actions even qualified as expressive conduct. Expressive conduct that has a symbolic meaning still may be protected by the First Amendment, but the standard of review requires only an important governmental interest that is content-neutral, is not independently unconstitutional, and does not infringe on more speech than is needed to pursue the government's interest. He observed that the law covered conduct rather than speech, which meant that the Court should review it more leniently. However, O'Brien was convicted and sentenced to six years of custody as a youth offender.įinding that a statute could be constitutional even if the motive in passing it was improper, such as quelling protest, Warren showed deference to the legislature in the sphere of military service.
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He used his trial as a vehicle to convey his anti-war views to the public and argue that banning the burning of draft cards infringed on free speech. Since O'Brien acknowledged his actions and showed the burned card to the agent, he was charged with violating the provision against destroying draft cards. The observers of this protest included FBI agents, one of whom took O'Brien inside the courthouse when some of the spectators began to attack the draft burners.
This likely was a response to the frequent public burnings of draft cards as a form of protest during the Vietnam War.ĭavid O'Brien and three other young men publicly burned their draft cards on the steps of the South Boston Courthouse on March 31, 1966. Congress amended the Universal Military Training and Service Act (Selective Service Act) in 1965 to prevent people from intentionally destroying draft cards, which contained information on registrants for the draft such as their Selective Service numbers.