Protesting against the draft

Supreme Court Vote: 7 to 1

Summary of Case

"We think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidential restriction on alleged First Amendment freedoms is not greater than is essential to the furtherance of that interest."
-Justice Warren, speaking for the majority

United States vs. O'Brien

In 1968, David O'Brien and 3 of his friends burned their draft cards on the steps of the Boston Courthouse. O'Brien and his friends were immediately attacked by the crowd and were arrested. In court, O'Brien tried to argue that his freedom of speech/expression was violated and should not be convicted. The Supreme Court decided that military service was more important at the time and a person can not do anything they want and call it "speech." The Supreme Court disagreed with O'Brien and said that his rights were not violated.