United States Vs O Brien Case Study

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Recommended: US v O’Brien legal analysis

United States v. O’Brien is a landmark case regarding individuals’ freedom of speech. In this case, O’Brien burned his draft card to express his opposition to the Vietnam War. O’Brien was arrested for violating a federal statute that prohibited the destruction of draft cards. The Supreme Court had to determine whether symbolic speech was protected under the Constitution. The Court used certain methods, which became known as the O’Brien test to uphold the federal statute. The Court established the O’Brien test in order to interpret cases regarding symbolic forms of speech. The Court ruled that symbolic and expressive forms of speech as constitutional if it adheres to the following conditions: it meets the standards of the constitutional power

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