Earl Warren

“ Whatever imprecision inheres in these terms, we think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression, and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest. ”

“ The many functions performed by Selective Service certificates establish beyond doubt that Congress has a legitimate and substantial interest in preventing their wanton and unrestrained destruction and assuring their continuing availability by punishing people who knowingly and willfully destroy or mutilate them. And we are unpersuaded that the preexistence of the nonpossession regulations in any way negates this interest. ”

“ In the absence of a question as to multiple punishment, it has never been suggested that there is anything improper in Congress' providing alternative statutory avenues of prosecution to assure the effective protection of one and the same interest. ”

“ The Court of Appeals nevertheless remanded the case to the District Court to vacate the sentence and resentence O'Brien. In the court's view, the district judge might have considered the violation of the 1965 Amendment as an aggravating circumstance in imposing sentence. The Court of Appeals subsequently denied O'Brien's petition for a rehearing, in which he argued that he had not been charged, tried, or convicted for nonpossession, and that nonpossession was not a lesser included offense of mutilation or destruction. ”

“ Further, since both certificates are in the nature of "receipts" attesting that the registrant [p379] has done what the law requires, it is in the interest of the just and efficient administration of the system that they be continually available, in the event, for example, of a mix-up in the registrant's file. Additionally, in a time of national crisis, reasonable availability to each registrant of the two small cards assures a rapid and uncomplicated means for determining his fitness for immediate induction, no matter how distant in our mobile society he may be from his local board. ”

“ We perceive no alternative means that would more precisely and narrowly assure the continuing availability of issued Selective Service certificates than a law which prohibits their willful mutilation or destruction. Compare Sherbert v. Verner, 374 U.S. 398, 407-408 (1963) , and the cases cited therein. The 1965 Amendment prohibits such conduct and does nothing more. In other words, both the governmental interest and the operation of the 1965 Amendment are limited to the noncommunicative [p382] aspect of O'Brien's conduct. ”

“ Pursuant to this power, Congress may establish a system of registration for individuals liable for training and service, and may require such individuals, within reason, to cooperate in the registration system. The issuance of certificates indicating the registration and eligibility classification of individuals is a legitimate and substantial administrative aid in the functioning of this system. ”

“ Registration Certificate (Selective Service System Form No. 2) ; in violation of Title 50, App. United States Code, Section 462 (b) . Section 462 (b) is part of the Universal Military Training and Service Act of 1948. Section 462 (b) (3) , one of six numbered subdivisions of § 462 (b) , was amended by Congress in 1965, 79 Stat. 586 (adding the words italicized below) , so that, at the time O'Brien burned his certificate, an offense was committed by any person,
who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate. . . . ”