Effects on the interpretation of the First Amendment United States v. O'Brien

The Supreme Court upholding the prohibition of burning draft cards, considering that it was not a violation of free speech as a form of protest, did lesser that kind of action. However, The court´s resolution became a precedent in the protection of other forms of symbolic speech, like flag burning.

Explanation:

In the United States v. O’Brien (1968), the Supreme Court upheld David Paul O’Brien´s conviction due to a violation of a federal statute that prohibited the public destruction of draft cards. O’Brien alleged that the First Amendment protected the burning of draft cards because is a form of symbolic speech. However, the Court decided that the prohibition was not a violation of the First Amendment's guarantee of free speech, because, in this case, the restriction of the First Amendment freedoms was required to enable the development of the public interest, meaning the war draft.

fair labor standards act

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