- published: 26 Apr 2015
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Draft-card burning was a symbol of protest performed by thousands of young American men as part of the opposition to the involvement of the United States in the Vietnam War. Beginning in May 1964, some activists burned their draft cards at anti-war rallies and demonstrations. By May 1965 it was happening with greater frequency. To limit this kind of protest, in August 1965, the United States Congress enacted a law to broaden draft card violations to punish anyone who "knowingly destroys, knowingly mutilates" his draft card. Subsequently, 46 men were indicted for burning their draft cards at various rallies, and four major court cases were heard. One of them, United States v. O'Brien, was argued before the Supreme Court. The act of draft card burning was defended as a symbolic form of free speech, a constitutional right guaranteed by the First Amendment. The Supreme Court decided against the draft card burners; it determined that the federal law was justified and that it was unrelated to the freedom of speech. This outcome was criticized by legal experts.
Conscription, or drafting, is the compulsory enlistment of people in a national service, most often a military service. Conscription dates back to antiquity and continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1–8 years on active duty and then transfer to the reserve force.
In China, the State of Qin instituted universal military service following the registration of every household. This allowed huge armies to be raised, and was instrumental in the creation of the Qin Empire that conquered a large area of what is now China in 221 BC.
Conscription is controversial for a range of reasons, including conscientious objection to military engagements on religious or philosophical grounds; political objection, for example to service for a disliked government or unpopular war; and ideological objection, for example, to a perceived violation of individual rights. Those conscripted may evade service, sometimes by leaving the country. Some selection systems accommodate these attitudes by providing alternative service outside combat-operations roles or even outside the military, such as Zivildienst (civil service) in Austria and Switzerland. Most post-Soviet countries conscript soldiers not only for Armed Forces but also for paramilitary organizations which are dedicated to police-like domestic only service (Internal Troops) or non-combat rescue duties (Civil Defence Troops) – none of which is considered alternative to the military conscription.