1. 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

2. Today’s Objectives What 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?

3. It is very important that you keep all of your documents together!!! United States v. O’Brien Activity You will work with a partner for this activity Each 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 Case Relevant Case Arguments for the United States Arguments for David Paul O’Brien Once you have read through all of the documents, complete the analysis worksheet together

4. 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 argument for O’Brien

5. 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.

6. 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

7. United States v. O’Brien David 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 interest When that government interest is unrelated to free speech When free speech is not limited any more than is necessary The Court decided that the 1965 law against destroying draft cards was in fact constitutional The Selective Service Act remained in force and O’Brien’s conviction was upheld Notes p. 113

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