United States v. O’Brien

By RiglerDe

  • Draft

    In 1948 United States instituted a peace-time draft.

  • Congress

    In 1965, Congress amended the Act to prohibit the willful destruction of "draft cards" or registration certificates.

  • Amendment

    This amendment was passed when public burnings of draft cards to protest the Vietnam War were a growing event.

  • Protest

    David Paul O'Brien and three companions burned their draft cards In front of the South Boston Courthouse, in front of a crowd with several FBI agents.

  • Sentencing

    O'Brien was convicted and sentenced to the maximum of six years, as a "youth offender".

  • Supreme Court Decision

    The Court decided both actions together and, in a 7–1 decision, upheld the constitutionality of amendment 462(b)(3), vacated the First Circuit's decision and reinstated O'Brien's sentence.