Do Now – p. 112
 Do you think it
is okay for the
government to
limit free speech
during times of
war? Why or
why not?
Copy and
Answer
Today’s Objectives
 What happened in the case of United
States v. O’Brien?
 How did the Supreme Court make its
decision?
 Do you think the Supreme Court made
the right choice?
United States v. O’Brien Activity
 You will work with a partner for this activity
 Each group will receive a packet of information
about the United States v. O’Brien Supreme Court
case
 Read through each of the following documents…
 The Story Behind the Case
 Relevant Case
 Arguments for the United States
It is very important that
you keep all of your
documents together!!!
 Arguments for David Paul O’Brien
 Once you have read through all of the documents,
complete the analysis worksheet together
Helpful hint…
This is an example
of precedent and
will help on Q’s 4-5
This is the
background
and will
help on Q’s
1-3
If you finish early…
 Come on up to get a
survey card that will
be sent into the
Boston City Council
hearing this
Tuesday.
 Please bring it back
to your seat, read it
over, and fill it out if
it applies to you.
United States v. O’Brien Decision
 Does the Selective Service Act, which
requires young men to carry draft cards
at all times and bans the destruction of
draft cards, violate the right of free
speech as protected by the First
Amendment?
You make
the call
United States v. O’Brien
Notes
p. 113
 David Paul O’Brien was arrested for burning his draft card but
claimed a 1965 law against it limited his freedom of “symbolic
speech”
 In a 7-1 decision, the Supreme Court decided that the
government can limit free expression under four conditions
including…
 When it is important to a government interest
 When that government interest is unrelated to free speech
 When free speech is not limited any more than is necessary
 The Court decided that the 1965 law against destroying draft
cards was in fact constitutional
 The Selective Service Act remained in force and O’Brien’s
conviction was upheld
ain Idea
MEAL Paragraph
 Do you agree with the
Supreme Court’s
decision in the United
States v. O’Brien? Why
or why not?
State the main idea of
your argument
vidence
Give facts or ideas to
support your argument
nalysis
Tell why those facts or
ideas are important
ink
Restate your main idea