argued january decided may together also certiorari burned selective service registration certificate sizable crowd order influence others adopt antiwar beliefs indicted tried convicted violating app part universal military training service act subdivision applies person forges alters knowingly destroys knowingly mutilates manner changes certificate words italicized herein added amendment district rejected argument amendment unconstitutional enacted abridge free speech served legitimate legislative purpose appeals held amendment unconstitutional first amendment singling special treatment persons engaged protests ground conduct amendment already punishable since selective service system regulation required registrants keep registration certificates personal possession times cfr wilful violation regulations promulgated act made criminal app however upheld conviction view made violation nonpossession regulation lesser included offense crime defined amendment held amendment app constitutional applied case pp amendment plainly abridge free speech face speech nonspeech elements combined course conduct sufficiently important governmental interest regulating nonspeech element justify incidental limitations first amendment freedoms governmental regulation sufficiently justified within constitutional power government furthers important substantial governmental interest unrelated suppression free expression incidental restriction alleged first amendment freedom greater essential interest amendment meets requirements amendment came within congress broad sweeping power raise support armies make laws necessary end registration certificate serves purposes addition initial notification proves described individual registered draft facilitates communication registrants local boards provides reminder registrant must notify local board changes address status regulatory scheme involving certificates includes clearly valid prohibitions alteration forgery similar deceptive misuse pp nonpossession regulation negate congress clear interest providing alternative statutory avenues prosecution assure interest preventing destruction selective service certificates governmental interests protected amendment nonpossession regulation though overlapping identical pp amendment narrow precisely drawn provision specifically protects government substantial interest efficient easily administered system raising armies pp convicted wilful frustration governmental interest noncommunicative impact conduct convicted makes case readily distinguishable stromberg california amendment constitutional enacted pp congress purpose enacting law affords basis declaring otherwise constitutional statute invalid mccray pp grosjean american press gomillion lightfoot distinguished pp solicitor general griswold argued cause brief assistant attorney general vinson francis beytagh beatrice rosenberg jerome feit marvin karpatkin argued cause respondent petitioner brief howard whiteside melvin wulf rhoda karpatkin chief justice warren delivered opinion morning march david paul three companions burned selective service registration certificates steps south boston courthouse sizable crowd including several agents federal bureau investigation witnessed event immediately burning members crowd began attacking companions fbi agent ushered safety inside courthouse advised right counsel silence stated fbi agents burned registration certificate beliefs knowing violating federal law produced charred remains certificate consent photographed act indicted tried convicted sentenced district district massachusetts contest fact burned certificate stated argument jury burned certificate publicly influence others adopt antiwar beliefs put people reevaluate positions selective service armed forces reevaluate place culture today hopefully consider position indictment upon tried charged willfully knowingly mutilate destroy change burning registration certificate selective service system form violation title code section section part universal military training service act section one six numbered subdivisions amended congress stat adding words italicized time burned certificate offense committed person forges alters knowingly destroys knowingly mutilates manner changes certificate italics supplied appeal appeals first circuit held amendment unconstitutional law abridging freedom speech time amendment enacted regulation selective service system required registrants keep registration certificates personal possession times cfr wilful violations regulations promulgated pursuant universal military training service act made criminal statute app appeals therefore opinion conduct punishable amendment already punishable nonpossession regulation consequently amendment served valid purpose light prior regulation amendment must directed public distinguished private destruction basis concluded amendment ran afoul first amendment singling persons engaged protests special treatment ruled however conviction affirmed statutory provision app view made violation nonpossession regulation crime regarded violation lesser included offense crime defined amendment government petitioned certiorari arguing appeals erred holding statute unconstitutional decision conflicted decisions courts appeals second eighth circuits upholding amendment identical constitutional challenges certiorari arguing appeals erred sustaining conviction basis crime neither charged tried granted government petition resolve conflict circuits also granted hold amendment constitutional enacted applied therefore vacate judgment appeals reinstate judgment sentence district without reaching issue raised registration classification certificates small white cards approximately inches registration certificate specifies name registrant date registration number address local board registered also inscribed upon date place registrant birth residence registration physical description signature selective service number selective service number indicates state registration local board year birth chronological position local board classification record classification certificate shows registrant name selective service number signature eligibility classification specifies whether classified local board appeal board president contains address local board date certificate mailed registration classification certificates bear notices registrant must notify local board writing every change address physical condition occupational marital family dependency military status fact might change classification also contain notice registrant selective service number appear communications local board congress demonstrated concern certificates issued selective service system might abused well amendment challenged act stat prohibited many different abuses involving registration certificate certificate issued pursuant prescribed provisions title rules regulations promulgated hereunder stat act unlawful transfer certificate aid person making false identification possess certificate duly issued intent using false identification forge alter manner change certificate notation validly inscribed thereon photograph make imitation certificate purpose false identification possess counterfeited altered certificate stat addition previously mentioned regulations selective service system required registrants keep registration classification certificates personal possession times cfr registration certificates cfr classification certificates act stat made knowing violation provision act rules regulations promulgated pursuant thereto felony amendment congress added act provision issue subjecting criminal liability one forges alters manner changes also one knowingly destroys knowingly mutilates certificate note outset amendment plainly abridge free speech face understand argue otherwise amended face deals conduct connection speech prohibits knowing destruction certificates issued selective service system nothing necessarily expressive conduct amendment distinguish public private destruction punish destruction engaged purpose expressing views compare stromberg california law prohibiting destruction selective service certificates abridges free speech face motor vehicle law prohibiting destruction drivers licenses tax law prohibiting destruction books records nonetheless argues amendment unconstitutional application unconstitutional enacted calls purpose congress suppress freedom speech consider arguments separately ii accept view apparently limitless variety conduct labeled speech whenever person engaging conduct intends thereby express idea however even assumption alleged communicative element conduct sufficient bring play first amendment necessarily follow destruction registration certificate constitutionally protected activity held speech nonspeech elements combined course conduct sufficiently important governmental interest regulating nonspeech element justify incidental limitations first amendment freedoms characterize quality governmental interest must appear employed variety descriptive terms compelling substantial subordinating paramount cogent strong whatever imprecision inheres terms think clear government regulation sufficiently justified within constitutional power government furthers important substantial governmental interest governmental interest unrelated suppression free expression incidental restriction alleged first amendment freedoms greater essential furtherance interest find amendment universal military training service act meets requirements consequently constitutionally convicted violating constitutional power congress raise support armies make laws necessary proper end broad sweeping lichter selective draft law cases see also ex parte quirin power congress classify conscript manpower military service beyond question lichter supra selective draft law cases supra pursuant power congress may establish system registration individuals liable training service may require individuals within reason cooperate registration system issuance certificates indicating registration eligibility classification individuals legitimate substantial administrative aid functioning system legislation insure continuing availability issued certificates serves legitimate substantial purpose system administration argument contrary necessarily premised upon unrealistic characterization selective service certificates essentially adopts position certificates many pieces paper designed notify registrants registration classification retained tossed wastebasket according convenience taste registrant registrant received notification according view reason retain certificates notes information registration certificate serves notification purpose registrant hardly needs told address physical characteristics agree registration certificate contains much information registrant needs notification circumstance however lead conclusion certificate serves purpose like classification certificate serves purposes addition initial notification many purposes defeated certificates destruction mutilation among registration certificate serves proof individual described thereon registered draft classification certificate shows eligibility classification named undescribed individual voluntarily displaying two certificates easy painless way young man dispel question whether might delinquent selective service obligations correspondingly availability certificates display relieves selective service system administrative burden otherwise verifying registration classification suspected delinquents since certificates nature receipts attesting registrant done law requires interest efficient administration system continually available event example registrant file additionally time national crisis reasonable availability registrant two small cards assures rapid uncomplicated means determining fitness immediate induction matter distant mobile society may local board information supplied certificates facilitates communication registrants local boards simplifying system benefiting concerned begin certificate bears address registrant local board item unlikely committed memory card bears registrant selective service number registrant number readily available communicate local board supplies requests information make simpler board task locating file finally registrant inquiry particularly local board concerning eligibility status frequently answerable simply basis classification certificate whereas certificate reasonably available registrant uncertain classification task answering questions considerably complicated certificates carry continual reminders registrant must notify local board change address specified changes status smooth functioning system requires local boards continually aware status whereabouts registrants destruction certificates deprives system potentially useful notice device regulatory scheme involving selective service certificates includes clearly valid prohibitions alteration forgery similar deceptive misuse certificates destruction mutilation certificates obviously increases difficulty detecting tracing abuses mutilated certificate might used deceptive purposes many functions performed selective service certificates establish beyond doubt congress legitimate substantial interest preventing wanton unrestrained destruction assuring continuing availability punishing people knowingly wilfully destroy mutilate unpersuaded nonpossession regulations way negates interest absence question multiple punishment never suggested anything improper congress providing alternative statutory avenues prosecution assure effective protection one interest compare majority dissenting opinions gore avenue prosecution even statutory regulations may modified revoked time time administrative discretion certainly congress may change supplement regulation equally important comparison regulations amendment indicates protect overlapping identical governmental interests reach somewhat different classes wrongdoers gravamen offense defined statute deliberate rendering certificates unavailable various purposes may serve whether registrants keep certificates personal possession times required regulations particular concern amendment long mutilate destroy certificates render unavailable although note concerned nonpossession regulations inappropriate observe essential elements nonpossession identical mutilation destruction finally amendment like amended concerned abuses involving issued selective service certificates registrant certificates knowing destruction mutilation someone else certificates therefore violate statute nonpossession regulations think apparent continuing availability registrant selective service certificates substantially furthers smooth proper functioning system congress established raise armies think also apparent nation vital interest system raising armies functions maximum efficiency capable easily quickly responding continually changing circumstances reasons government substantial interest assuring continuing availability issued selective service certificates equally clear amendment specifically protects substantial governmental interest perceive alternative means precisely narrowly assure continuing availability issued selective service certificates law prohibits wilful mutilation destruction compare sherbert verner cases cited therein amendment prohibits conduct nothing words governmental interest operation amendment limited noncommunicative aspect conduct governmental interest scope amendment limited preventing harm smooth efficient functioning selective service system deliberately rendered unavailable registration certificate wilfully frustrated governmental interest noncommunicative impact conduct nothing else convicted case bar therefore unlike one alleged governmental interest regulating conduct arises measure communication allegedly integral conduct thought harmful stromberg california example struck statutory phrase punished people expressed opposition organized government displaying flag badge banner device since statute aimed suppressing communication sustained regulation noncommunicative conduct see also nlrb fruit vegetable packers union concurring opinion conclusion find government substantial interest assuring continuing availability issued selective service certificates amended appropriately narrow means protecting interest condemns independent noncommunicative impact conduct within reach noncommunicative impact act burning registration certificate frustrated government interest sufficient governmental interest shown justify conviction iii familiar principle constitutional law strike otherwise constitutional statute basis alleged illicit legislative motive long ago stated decisions beginning lend support whatever assumption judiciary may restrain exercise lawful power assumption wrongful purpose motive caused power exerted mccray inquiries congressional motives purposes hazardous matter issue simply interpretation legislation look statements legislators guidance purpose legislature benefit sound circumstance thought sufficient risk possibility misreading congress purpose entirely different matter asked void statute criteria constitutional face basis fewer handful congressmen said motivates one legislator make speech statute necessarily motivates scores others enact stakes sufficiently high us eschew guesswork decline void essentially ground unwise legislation congress undoubted power enact reenacted exact form another legislator made wiser speech position extent rest upon misunderstanding grosjean american press gomillion lightfoot cases stand proposition legislative motive proper basis declaring statute unconstitutional inevitable effect statute face may render unconstitutional thus grosjean concluded right publications free certain kinds taxes freedom press protected first amendment struck statute face nothing impose tax similarly gomillion sustained complaint true established inevitable effect redrawing municipal boundaries deprive petitioners right vote reason negro cases purpose legislation irrelevant inevitable effect necessary scope operation mccray abridged constitutional rights statute attacked instant case inevitable unconstitutional effect since destruction selective service certificates respect inevitably necessarily expressive accordingly statute constitutional think amiss passing comment upon argument little floor debate legislation either house senator thurmond commented substantive features senate cong rec brief statement without additional substantive comments bill passed senate cong rec house debate two congressmen addressed amendment congressmen rivers bray cong rec bill passed statements without debate vote principally basis statements three congressmen makes purpose argument note examine legislative purpose instant case obliged consider statements also authoritative reports senate house armed services committees portions reports explaining purpose amendment reproduced appendix entirety reports make clear concern defiant destruction draft cards open encouragement others destroy cards reports also indicate concern stemmed apprehension unrestrained destruction cards disrupt smooth functioning selective service system iv ordered mr appendix opinion portions reports committees armed services senate house explaining amendment section universal military training service act amended provides among things person forges alters changes draft registration certificate subject fine imprisonment years explicit prohibition section knowing destruction mutilation cards committee taken notice defiant destruction mutilation draft cards dissident persons disapprove national policy allowed continue unchecked contumacious conduct represents potential threat exercise power raise support armies person subject fine imprisonment destruction mutilation draft card must knowingly done qualification intended protect persons lose mutilate draft cards accidentally sess section universal military training service act amended provides person forges alters manner changes draft registration card notation duly validly inscribed thereon subject fine imprisonment years amend provision make apply also persons knowingly destroy knowingly mutilate draft registration card house committee armed services fully aware shares deep concern expressed throughout nation increasing incidences individuals large groups individuals openly defy encourage others defy authority government destroying mutilating draft cards present provisions criminal code respect destruction government property may appear broad enough cover acts mistreatment draft cards possession individuals committee feels present critical situation country acts destroying mutilating cards offenses pose grave threat security nation question whatsoever left intention congress wanton irresponsible acts punished end makes specific knowingly mutilating knowingly destroying draft card constitutes violation universal military training service act punishable thereunder person destroy mutilate draft card subject fine imprisonment years footnotes sentenced youth corrections act custody attorney general maximum period six years supervision treatment issue constitutionality amendment raised counsel representing pretrial motion dismiss indictment trial upon sentencing chose represent represented counsel appeal appeals cir portion cfr relevant instant case revised january citations opinion edition effect committed crime congress enacted amendment appeals nevertheless remanded case district vacate sentence resentence view district judge might considered violation amendment aggravating circumstance imposing sentence appeals subsequently denied petition rehearing argued charged tried convicted nonpossession nonpossession lesser included offense mutilation destruction cir miller cir cert denied smith cir see stat amended stat app cfr cfr cfr cfr cfr cfr cfr cfr cfr cfr cfr provides relevant part every person required present submit registration must registered personal possession times registration certificate sss form prepared local board altered notation duly validly inscribed thereon changed manner preparation local board failure person registration certificate sss form personal possession shall prima facie evidence failure register cfr provides relevant part every person classified local board must personal possession times addition registration certificate sss form valid notice classification sss form issued showing current classification see text infra naacp button see also sherbert verner naacp button naacp alabama ex rel patterson bates little rock thomas collins see also sherbert verner bates little rock sherbert verner cf milanovich heflin prince cf milanovich heflin prince may make assumption limited class cases nature constitutional question requires inquiry legislative purpose principal class cases readily apparent statutes challenged bills attainder decisions defined bill attainder legislative act inflicts punishment named individuals members easily ascertainable group without judicial trial determining whether particular statute bill attainder analysis necessarily requires inquiry whether three definitional elements specificity identification punishment lack judicial trial contained statute inquiry whether challenged statute contains necessary element punishment occasion led examine legislative motive enacting statute see lovett two decisions involving bill attainder analysis contain inquiry legislative purpose motive type suggests engage case kennedy trop dulles inquiry legislative purpose motive kennedy trop however limited purpose bill attainder decisions determine whether statutes review punitive nature face inquiry case amendment clearly penal nature designed impose criminal punishment designated acts issues briefed raised petition certiorari accordingly issues sess justice harlan concurring crux opinion join course general statement ante government regulation sufficiently justified within constitutional power government furthers important substantial governmental interest governmental interest unrelated suppression free expression incidental restriction alleged first amendment freedoms greater essential furtherance interest justice douglas dissenting constitutional power congress raise support armies broad sweeping congress power classify conscript manpower military service beyond question undoubtedly true times declaration congress nation state war underlying basic problem case however whether conscription permissible absence declaration war question briefed presented oral argument submit question upon litigants country entitled ruling discussed holmes post nature legal issue seen dissenting opinion case never ruled question time made ruling case put reargument heard holmes hart post today denies certiorari rule consider issues raised parties inflexible yields exceptional cases duignan need correctly decide case erie tompkins terminiello chicago case unusual ask reargument sherman frankfurter concurring even constitutional question raised parties abel petitioner conceded administrative deportation arrest warrant valid limited purpose even though supported sworn affidavit stating probable cause ordered reargument question whether warrant validly issued petitioner case par lustig petitioner argued exclusionary rule apply fruit unreasonable search state officials solely acted concert federal officers see weeks byars ordered reargument question raised pending case wolf colorado applicability fourth amendment sup journal october term donaldson read magazine issue presented according parties whether record contained sufficient evidence fraud uphold order postmaster general reargument ordered constitutional issue abridgment first amendment freedoms journal october term finally musser utah reargument ordered question unconstitutional vagueness criminal statute issue raised parties suggested oral argument justice jackson journal october term precedents demonstrate appropriateness restoring instant case calendar reargument question constitutionality peacetime draft heard holmes hart neither decisions cited majority proposition congress power conscript men armed services beyond question concerns peacetime conscription shown dissenting opinion holmes post selective draft law cases decided upheld constitutionality conscription act passed congress month war declared german empire enforced time war lichter concerned constitutionality renegotiation act another wartime measure enacted congress period applied case excessive war profits made war declared course stat referred congress power raise armies discussing background renegotiation act upheld valid exercise war power today also denies stays shiffman selective service board zigmond selective service board post punitive delinquency regulations invoked registrants decisions present related question