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Burning Draft
O’Brien was not arrested for protesting the Vietnam War but for burning his draft card. Representing himself, O’Brien claimed his actions were to convince others to protest and that the 1965 Amendment to the the Selective Service act was unconstitutional because it violated the freedom of speech as defined in the First Amendment of the Constitution. -
Getting Arrested
Members of the large crowd that had gathered attacked the three men after O’Brien burned his draft card. The FBI agents who happened to be in the crowd made the arrest on the grounds of the 1965 Amendment to the Selective Service Act (1948) that prohibited desecrating and/or destroying draft cards. -
Event started
David Paul O’Brien and three others were arrested on March 31st, 1966 by several FBI agents on the steps the South Boston Courthouse. M -
Goes to Supreme Court
The United States v. O’Brien eventually reached the Supreme Court. -
First Decension
The original decision in the District Court for the District of Massachusetts found him guilty of destroying his draft card and sentenced him to a maximum of six years of prison under the now nullified Youth Corrections Act. -
Final decesion
O’Brien was able to appeal to the First Circuit Court of Appeals who overturned the decision. They did so under the grounds that the 1965 Amendment violated O’Brien’s First Amendment rights. -
The issue
The United States did not want the 1965 Amendment to be declared unconstitutional and O’Brien wanted his new charges repealed since they were not what he was originally tried for. They determined via an eight to one majority that the 1965 Amendment was in fact constitutional and that O’Brien was guilty of not having his draft card on his person. The lone dissenting justice did not disagree with the verdict but questioned whether a peace-time draft is constitutional.