UNITED STATES V. O'BRIEN 1968

First Amendment:
"Freedom of religion, speech, press, assembly and petition. "

Petitioner: United States


Respondent: O'Brien

Summary
March 31, 1966, David O'Brien went to the Boston courthouse where he burned his draft card. He said he was expressing the way he felt toward war, that this was a symbolic way of freedom of speech. The Supreme Court disagreed, and said: " we cannot accept the view that an apparently limitless variety of conduct can be labeled as "speech" when the person engaging in the conduct intends thereby to express an idea."

Court decision:
7 votes for the united states
1 vote for O'Brien.

Sort by votes:
Warren, Black, Harlan, Brennan, Stewart, White, Fortas, Douglas, and Marshall.

LEGAL PROVISION

• Selective service
• Military selective service
• Training acts

Advocates:
Marvin M. Karpatkin, argued the cause for O'Brien.
Erwin N. Griswold argued the cause for the united states.

My opinion.
I do believe that O'Brien was expressing the way he felt toward war, but I think he could have expressed it in a better way.