Viet Minh Case Study

During World War II, the people of Vietnam desired independence from French colonial rule. The Viet Minh, a nationalist party with this very goal, was formed under the leadership of Ho Chi Minh, a Vietnamese revolutionary leader who was also communist, and declared their own independence. The French did not honor their declaration of independence and soon war broke out which ended in 1954 after the French suffered defeat in the battle of Dien Bien Phu. After French withdrawal Vietnam was divided at the 17th parallel, with the communist Viet Minh receiving North Vietnam and Prime Minister Ngo Dinh Diem, former mandarin of Nguyễn dynasty, to receive South Vietnam according to the Geneva Accords. He refused reunification election in fear that

Public opposition to this led to O’Brien burning his selective service registration before a large crowd in order to convince them to adopt his anti-war beliefs in 1968. He was then convicted of violating 462b of the Universal Military Service and Training Act which applied to anyone "who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate". O’Brien argument that this violated his right to free speech and served no actual purpose was rejected by the district court. The Court of Appeals found that this was in fact unconstitutional under the First Amendment as singling out special person’s engaged in protest yet still upheld his conviction due to it being a violation to not be in possession of your Selective Service

Justice Black, nominated by President Roosevelt, joined by Mr. Justice Douglas, Mr. Justice Brennan, appointed by President Dwight D. Eisenhower, and Mr. Justice Marshall, nominated by President Johnson. Justice Black became known for his devotion to and literal interpretation of the U.S. Constitution as well as rulings that would generally be considered liberal. He was in favor of the evacuation of Japanese-Americans from the West Coast during World War II in Korematsu v. U.S. in 1944, yet had reversed the convictions of tortured African-American farmers in Chambers v. Florida in 1940. Black was also part of the unanimous decision declaring school racial segregation illegal in Brown v. Board of Education in 1954. Justice Brennan was in favor of individual rights and due process referring to the case of Goldberg vs. Kelly which established hearing before welfare benefits could be terminated. Brennan also supported court rulings that supported gender equality, a women’s right to choose, and Affirmative Action Programs. Justice Marshall was the first African American to serve at the highest court and was considered liberal. He was part of the majority that ruled in favor of the right to abortion in the 1973 case, Roe vs. Wade. It was Marshall’s opinion that the death penalty was unconstitutional in all