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United States v. OBrien

First Amendment. This relates to the first amendment because you have the right to express what you are trying to say and buy burning his draft card he broke the law and it never says that burning your draft card is against the law witch would be going against his freedom of speech.. summary. David

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United States v. OBrien

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    1. United States v. O'Brien

    2. First Amendment This relates to the first amendment because you have the right to express what you are trying to say and buy burning his draft card he broke the law and it never says that burning your draft card is against the law witch would be going against his freedom of speech.

    3. summary David O'Brien burned his draft card while in court expressing his opposition on war. And he was convicted under federal law which made destruction of draft cards a crime. Was the law unconstitutional for O’ Brien ? No according to 7/8 ths of the jury. Chief Justice Earl Warren created a test to determine weather it is justified to burn draft card and involving a symbolic speech was justified. this formula examines weather the regulation is unrelated.

    4. Time line

    5. SCHACHT v. UNITED STATES Daniel Jay Schacht was indicted for falsely wearing a military uniform. And violating US district court 18 U.S.C. 702 which makes it illegal for a person without the authority to wear a uniform of the military. He was found not guilty under the clause of 772 which makes it ok to wear a uniform as long as you are in a play.

    6. SPENCE v. WASHINGTON Spence a college student an American put a piece sign on the American flag and hung it out his window and was prosecuted. Supreme court ruled that this took away his freedom from expression

    7. TEXAS v. JOHNSON Johnson was charged with burning the flag as a form of political protest. He was sentenced with one year in prison and 2000 dolors in fines. And he was released because the supreme court said that he was protected under the first amendment statute freedom of expression.

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