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David Paul O'Brien

Released
Gender:Male
Race:White
Era:1960s
State:Massachusetts
Support
Anti-War
David Paul O'Brien

Biography

On March 31, 1966, David Paul O'Brien and three companions burned their draft cards on the steps of the South Boston Courthouse before a crowd that included FBI agents; the crowd then attacked the burners. Prosecuted under the 1965 amendment, he was convicted and sentenced to the maximum six years as a youth offender under the Youth Corrections Act. His appeal produced the landmark Supreme Court decision United States v. O'Brien (1968), which held that draft-card burning was not protected symbolic speech.

Photo: An Introduction to Constitutional Law, Randy E. Barnett and Josh Blackman; existing credit watermark retained. Original-image crop; identified by the source (single subject labelled David Paul O'Brien burning his draft card). Source: https://conlaw.us/case/united-states-v-obrien-1968/ . Non-free image used under the site's educational/memorial rationale; no permission or open-license claim.

Case

Charges: Destruction of a Selective Service registration certificate (the March 31, 1966 South Boston Courthouse draft-card burning), 18 U.S.C. 462(b).
Arrested: Mar 31, 1966
Sentence: Sentenced to the maximum six years under the Youth Corrections Act; his appeal produced the landmark Supreme Court decision United States v. O'Brien (1968).
Convicted: Yes