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 ObjectivesWhat 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?

It is very important that you keep all of

your documents together!!!

United States v. O’Brien ActivityYou will work with a partner for this

activityEach 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 CaseRelevant CaseArguments for the United StatesArguments for David Paul O’Brien

Once you have read through all of the documents, complete the analysis worksheet together

Helpful hint…

This is the

background and

will help on Q’s

1-3

This is an example of

precedent and will help on Q’s

4-5

This is the argument against

O’Brien

This is

the

argumen

t for

O’Brien

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’BrienDavid 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 interestWhen that government interest is unrelated to

free speechWhen free speech is not limited any more than is

necessaryThe Court decided that the 1965 law against

destroying draft cards was in fact constitutionalThe Selective Service Act remained in force and

O’Brien’s conviction was upheld

Notesp. 113

MEAL ParagraphDo you agree with the Supreme Court’s decision in the United States v. O’Brien? Why or why not?

MEALain Idea

vidence

nalysis

ink

State the main idea of your argument

Give facts or ideas to support your argument

Tell why those facts or ideas are important

Restate your main idea