5min chapter

5-4 cover image

United States v. O'Brien

5-4

CHAPTER

The O'Brien Test and the Justice Harlan Concurrence

In 1968, Justice Harlan wrote a concurrence against anti-war protesters. The case is relevant because the court was deep into the Vietnam War debate at the time. Douglas: "I don't even think this fucking war is legal, bro" In early 1968, MLK is assassinated and there are riots in Washington, D.C., where the justices not live.

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