A criminal prohibition against draft-card burning does not violate the First Amendment because its effect on speech is only incidental, and it is justified by the significant governmental interest in maintaining an efficient and effective military draft system. Decided May 27, 1968 (argued January 24, 1968). Opinion of the Court: Earl Warren → go there Dissenting: Douglas. Applied: the First Amendment → go there Topic: Freedom of speech and of the press. United States v. O'Brien, 391 U.S. 367 (1968), is a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end. Wiki link