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Constitutional Law Keyed to Choper
United States v. O’Brien
Citation:
391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968).Facts
On March 31, 1966, O’Brien and three of his companions burned their respective draft cards outside a Boston courthouse. A crowd, including several FBI agents were present and witnessed this happening. O’Brien told FBI agents he burned his draft card knowing that he was violating federal law. O’Brien was subsequently convicted in federal court under a federal law that criminalized the destruction or mutilation of draft cards. O’Brien argued that the federal law is unconstitutional as applied to him because his act of burning his draft card was protected symbolic speech within the First Amendment.
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Topic Resources
Topic Videos
Topic Outline
First AmendmentTopic Refresher Course
Introduction to Freedom Speech