United States v. O\'Brien PDF

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Constitutional Law II Case Brief & Course Discussions related to U.S. v O'Brien...

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UNITED STATES v. O’BRIEN FACTS: Parties: Appellant: Appellee: Procedural History:  Relevant Facts:   

David O’Brien burned his draft card at a court house He said he was expressing is opposition to the war A federal law made it a crime to destroy or mutilate draft cards

ISSUE: 

Whether the law was an unconstitutional infringement on O’Brien’s freedom of speech

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW:  HOLDING: 

The law was not an unconstitutional infringement on O’Brien’s freedom of speech

COURT’S REASONING: 

Warren created a test: whether the regulation is unrelated to content and narrowly tailored to achieve the government's interest



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

CONCURRING OPINION:  DISSENTING OPINION: ...