Symbolic Speech And Its Impact - 1454 Words

Kayla Rivera POS 2041 Professor Lightfoot 15 November 2015 O’Brien v. United States: Symbolic Speech and Its Impact Symbolic speech is a type of speech used to express one’s ideas. The notion of symbolic speech is protected in the United States constitution which evidently says: â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press...† (U. S. Constitution). The freedom of speech represents one of the most vital amendments in the United States Constitution and carries its involvement regularly. The several varieties of speech that is protected in the Constitution affects each individual and one’s privileges, but this first amendment†¦show more content†¦The Supreme Court decided that O’Brien and others who burned their draft cards were to be charged and their ruling was indeed constitutional and did not violate their freedom of speech. This ruling affected all of American and thoroughly outlined the details of symbolic speech and the protections ser ved under the United States Constitution. On March 31 1966, David O Brien and three acquaintances scorched their selective service registration cards, or draft cards, on the steps of the South Boston Courthouse, as a public protest against the Vietnam War. (â€Å"United States v. O Brien – Significance,† n.d. ). During this time, the Vietnam War was a highly debatable occurrence in history. Various people disagreed with sending troops to war. This act of burning their draft cards was much more than a sign of rebellion, it was a symbol to prevent the catastrophic deaths of those unwillingly sent off to war. According to Boston College(n.d.), after the draft card burning, O’Brien was convicted of violating a law (50 U.S.C. 462(b)(3)) which Congress in 1965 amended to punish anyone who â€Å"knowingly destroys, knowingly mutilates† or in any other manner changes a draft card, adding the quoted words which also was in violation of the Universal Military Training and Service Act of 1948. This law correspondingly requires all who registered for the draft, must keep their draft cards on hand at all times. [It] shall be the