What was the outcome of U.S. v. O'Brien (1968)?

The case of U.S. v. O'Brien (1968) addressed the intersection of free speech and government regulation regarding the draft during the Vietnam War. The Supreme Court ruled that burning draft cards was not a protected form of symbolic speech under the First Amendment. The decision was based on the rationale that the government had a legitimate interest in maintaining an orderly and effective draft system. The act of burning draft cards was not seen as an expression of political views but rather as an action that could impede the government's ability to ensure conscription, which was crucial for national security.

The Court established a standard for balancing free speech against governmental interests, determining that the government's interest in the regulation outweighed the act of burning the draft card. This belief was rooted in the idea that certain forms of expressive conduct might be regulated if there is a significant governmental interest at stake. Thus, the ruling clarified the limitations of symbolic speech when it conflicts with crucial governmental interests.