Q: Describe the O’Brien (1969) case.
O’Brien (1969): This case dealt with a content-neutral
statute (at least, that is what the Court claimed). D (O’Brien) and
several others burned their draft cards on the steps of a federal
courthouse, as part of a protest against the war in Vietnam. They
were convicted of violating a U.S. Congressional amendment to the
draft laws making it a crime to “knowingly destroy [or] mutilate” a
draft card. Some members of Congress had originally urged enactment
of the amendment as a way of curbing Vietnam war protest. Did
Congress’ amendment violate D’s First Am. rights?
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