United States Vs O Brien Case Study

218 Words1 Page
bulb-icon

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

Show More
Related

  • The Court Case: Mcculloch V. Maryland

    811 Words  | 2 Pages

    In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.

    Read More

  • Graham V. Connor Case Study

    717 Words  | 2 Pages

    The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.

    Read More

  • texas vs johnson

    699 Words  | 2 Pages

    Johnson and his lawyers were dissatisfied with this decision and made an appeal to the Fifth Texas Supreme Judicial District. This appeal, made on May 8, 1985 would be titled as Texas vs. Johnson. The defense argued that Johnson was prosecuted in violation of the first Amendment, clearly states that no law may take away a person's freedom of speech or expression, and of the Bill of Rights and the free speech clause of the Texas Constitution. Johnson argued that in his opinion, flag burning is part of freedom o...

    Read More

  • Gonzales V. Oregon Case Study

    656 Words  | 2 Pages

    Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).

    Read More

  • Justice Brennan's Opinion in Texas v. Johnson

    313 Words  | 1 Pages

    sit-ins, etc.). The cases cited, including the current one, were subject to the O'Brien test,

    Read More

  • Violations in the Rulings of Schneck v. United States

    847 Words  | 2 Pages

    The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court and was ruled in favor of the United States unanimously. The opinion of the court violates the free speech clause as well as a right to have peaceful protest by denying Schenck to share his opinions of the draft with others despite the opinion of the government on this action.

    Read More

  • Supreme Court Case: Tinker V. Des Moines Independent Community School District

    550 Words  | 2 Pages

    Mary Beth Tinker was only thirteen years old in December of 1964 when she and four other students were suspended from school because they wore black armbands. The black armbands were a sign of protest against the Vietnam War. The school suspended the students and told them that they could not return to school until they agreed to take off the armbands. The students did not return to school until after the school’s Christmas break, and they wore black the rest of the year, as a sign of protest. The Tinker family, along with other supporters, did not think that the suspension was constitutional and sued the Des Moines Independent Community School District. The Supreme Court’s majority decision was a 7-2 vote that the suspension was unconstitutional (Tinker V. Des Moines).

    Read More

  • United States v. Alvarez

    1055 Words  | 3 Pages

    The case was decided 6-3 in favor of Alvarez. The Supreme Court ruled the Stolen Valor Act unconstitutional in violation of the First Amendment. Justices Kennedy, Roberts, Ginsburg and Sotomayor joined in a plurality opinion. The plurality stated that freedom of speech under the First Amendment protects lying and false statements. Although the lies are frowned upon and socially unacceptable, the First Amendment protects those types of statements. With the application of strict scrutiny to this case, the Justices within the plurality found that the Stolen Valor Act was very broad and if it had more specific restric...

    Read More

  • The Supreme Court Case Of Texas V. Johnson And The Freedom Of Speech

    1782 Words  | 4 Pages

    Texas v. Johnson expanded the rights of symbolic speech and freedom of expression under the First Amendment and was presented as a precedence for future cases along with influencing the final decision on the revision of California, in 1931, was seen as a violation of the First Amendment after Stromberg was arrested for displaying a red flag as a sign of resistance against the government. This was the first declaration that symbolic speech is protected under the First Amendment (“Timeline of Flag...”). In 1943, the issue of a law requiring people to salute the flag was raised in the West Virginia v. Barnett court case. In this case, the importance of freedom of expression under the First Amendment was highlighted by Justice Jackson (“Supreme Court Cases”). In 1969, Street v New York it was decided that no state is able to convict a person based on verbal comments insulting the flag.

    Read More

  • Terminiello v. Chicago

    573 Words  | 2 Pages

    Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.

    Read More

  • Tinker V. Des Moines

    1369 Words  | 3 Pages

    Student court cases against schools, or vice versa, are not as uncommon as they may seem. Tinker v. Des Moines was a court case that ended in 1969 regarding students protesting the Vietnam War. The three students involved in the trial wore black armbands to school, which was prohibited, and were suspended. Since the students felt that their First Amendment right was abused by the school therefore they took the issue to a local court, then eventually the Supreme Court. The case has left a mark on First Amendment rights for students since then. The Tinker v. Des Moines court case impacted the United States by questioning the First Amendment in public schools, spreading awareness of student rights, and by challenging future court cases using

    Read More

  • Texas v. Johnson Argumentative

    691 Words  | 2 Pages

    Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...

    Read More

  • Schenck v. United States (1919)

    427 Words  | 1 Pages

    Holmes considered the context of Schenck's speech as well as its intent. In his opinion, he created a new legal test: the clear and present danger test; that was designed to identify when certain forms of speech were not protected by the First Amendment.

    Read More

  • Essay On Des Moines Independent Community Schools

    579 Words  | 2 Pages

    Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.

    Read More

  • Loving v. Virginia (388 U.S. 1)

    2066 Words  | 5 Pages

    Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.

    Read More

More about United States Vs O Brien Case Study

Open Document