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In 1965, an amendment to this act, 50 U.S.C. § 462(b)(3), was created to prevent the knowing and willful destruction of these cards. Many felt that this amendment was created because at the time, citizens were protesting the Vietnam War by public burnings of these draft cards. For publicly burning his own draft card, David Paul O’Brien was arrested. Representing himself, he presented his own reasons as to why he committed the act, but the court found him guilty under 50 U.S.C. § 462(b)(3) and sentenced him to six years of jail time. After appealing and having the conviction affirmed by the Court of Appeals, both O’Brien and the United States petitioned for review of the case...
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