Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. As a result, the wife had equity against her husband to set the deed aside.
It furthers an important or substantial governmental interest; Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies.
v. Varsity Brands, Inc. Respondent O’Brien burned his draft card to protest the Vietnam War.
), To satisfy the third requirement, the government’s interest in the smooth functioning of the Selective Service had nothing to do with suppressing speech.
Star Athletica, L.L.C. However, it did uphold a law under which a young man was convicted for burning his Selective Service registration certificate, a prevalent political protest during the Vietnam War and a powerfully symbolic anti-war statement. Reference this O’Brien set forth the test under which laws indirectly restricting symbolic speech are evaluated under the United States Constitution.
Chief Justice Warren delivered the opinion of the United States Supreme Court. Because of its ruling, the Court did not consider the secondary argument regarding the possession regulation. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. The Court vacated the judgment of the Court of Appeals, and reinstated the district court’s conviction of O’Brien under the card-destruction statute. The registration certificate is issued soon upon registration, and contains the individual’s Selective Service identification number. ), According to the Court, the creation of Selective Service was clearly within Congress’s power to raise and support armies, which it found “broad and sweeping.” (at 377.)
In conclusion, the law was an appropriately narrow tool to protect the government’s sufficient and “substantial interest in assuring the continuing availability of issued Selective Service certificates.” Because it met all four requirements, the law was a permissible regulation on symbolic speech and did not overly burden O’Brien’s expressive conduct. The U.S. Supreme Court reinstated the District Court’s decision rejecting O’Brien’s First Amendment challenge. Even if it is true that the prohibition on the mutilation or destruction of draft cards is appropriately drawn to further the government’s important interest in a smoothly functioning draft registration system, the outcome of the case restricts symbolic speech and contracts expressive conduct.
And legislation to insure the continuing availability of issued certificates serves a legitimate and substantial purpose in the system’s administration.” (at 377-78.) Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing. Basically, the ban on conduct regulated by the card-destruction statute was necessary to ensure a smooth functioning of the registration system. The First Circuit Court of Appeals reversed, finding the relevant portion of the Act was unconstitutional because it infringed on the First Amendment by singling out certain types of protests. Summarily, the Court characterized the government’s interest as “substantial.” (at 381. Supreme Court jurisprudence demonstrated that “that when ‘speech’ and ‘nonspeech’ elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech element can justify incidental limitations on First Amendment freedoms.” (at 376.) Congress’ power to raise armies is “broad and sweeping” at times of war. He was ultimately convicted of violating a federal law, making it a crime to “knowingly destroy” a draft card. In the end, the husband’s company reached a £154,000 overdraft, as a result of which Barclays sought an order for possession of the mortgage security – i.e. Case Summary of United States v. O’Brien: Respondent O’Brien burned his draft card to protest the Vietnam War. The wife had no interest in the business. The Court reasoned, by means of a test, that government regulation was justified because it was within the constitutional power of the Government, furthered an important or substantial governmental interest, and was unrelated to the suppression of free expression. Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy: Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. Although the Court’s characterization of the interest the government must demonstrate has varied from “compelling,” to “substantial,” “paramount,” and “cogent,” the Court found “it clear that a government regulation is sufficiently justified if: The Court held that the federal law in question was narrowly crafted to satisfy an important governmental interest of administering a system to raise an army, which was unrelated to freedom of expression.
United States v. O’Brien is significant because it discusses a lower burden of proof when the First Amendment comes in conflict with a non-speech related government regulation. Furthermore, requirements that registrants have the certificates in their possession at all times were insufficient to preserve these important documents: “the essential elements of nonpossession are not identical with those of mutilation or destruction,” “they protect overlapping but not identical governmental interests, and … they reach somewhat different classes of wrongdoers.” (at 380-81.). O’Brien’s second argument was that the card-destruction statute was unconstitutional because the purpose was to suppress the freedom of speech. United States v. O'Brien, 391 U.S. 367, was a landmark decision of the US Supreme Court ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech.
Mr O’Brien brought an action to recover £50,000. The test permits laws burdening expressive conduct as long as they are narrowly tailored to further a substantial governmental interest.
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