In the 1968 case
of U.S. v. O’Brien, David Paul O’Brien and three others stood on the steps of
the South Boston Courthouse and burned their Selective Service registration
certificates in anti-war protest. Although violating federal law, O’Brien
deliberately burnt his draft card due to his beliefs. After angry members of
the crowd attacked O’Brien and the other collaborators, FBI agents assisted
O’Brien to safety inside the courthouse and advised him of his rights. For
violating this federal law, “O’Brien was indicted, tried, convicted, and
sentenced in the United States District Court for the District of
Massachusetts” (Siegel, pg. 19).
O’Brien did not
dispute the fact that he burned the certificate, but he did tell the jury this
public display was to influence others to consider his position and antiwar
beliefs. Section 462 (b)(3) of the Universal Military Training and Service Act
of 1948 was amended by Congress in 1965. The amendment stated that anyone “who
forges, alters, knowingly destroys, knowingly mutilates, or in any manner
changes any such certificate” has committed an offense. In the District Court,
O’Brien argued this was unconstitutional to abridge free speech and it served
no legitimate legislative purpose.
I understand
O’Brien was practicing his right to freedom of speech by burning his draft
card, but his actions had the potential to incite violence due to the location
and attention he drew in a very public environment. He chose to burn his draft
card on the steps of the South Boston Courthouse, provoking a violent response
from the crowd. I agree his actions were protected under the second amendment,
but his approach to protesting the Vietnam War could have been more peaceful.
Instead, O’Brien voiced his opinion in a way that deliberately broke a federal
law and encouraged violence.
There is such a
thing as a peaceful protest. O’Brien most likely chose to take more serious
actions because he thought it would encourage more people to reconsider their
stance on the war since he was so passionate about his beliefs. He did not gain
respect for willfully breaking a federal law that was in place to give these
registration certificates a purpose, especially during wartime.
O’Brien should
have familiarized himself with this federal law before choosing to burn his
draft card. If he would have protested peacefully, I’m sure he would’ve
achieved better results.
Take a look at
this video on “How to Protest without Violence”. I bet O’Brien would have
benefited from these tips!
