In Breen v. Selective Service Local Board No. 16 et al., the U.S Supreme Court ruled in favor of a college student who had been reclassified by his local draft board from II-S (deferred due to being a full-time student) to I-A (available for unrestricted military service), after he participated in an anti-war demonstration and turned in his draft card as part of the protest. The court held that this action violated the First Amendment rights of free speech and expression, stating that such punitive actions could not be taken against individuals expressing their political views through nonviolent means. Furthermore, it was determined that turning in one's draft card did not equate with refusing military service altogether - thus, there were no grounds for changing Breen's classification status based on this act alone.

In the dissenting opinion for Breen v. Selective Service Local Board No. 16, Justice Hugo Black argued that the majority's decision was a misinterpretation of Congress' intent in drafting the Military Selective Service Act of 1967. He contended that Congress intended to provide draft deferments only to students who maintained satisfactory academic standing and not those engaging in misconduct or violating school rules, as was the case with Breen. The justice believed that allowing such individuals to maintain their student deferment status would undermine respect for law and order, which he considered essential during times of war and national emergency. Furthermore, he expressed concern about judicial overreach into legislative territory by interpreting laws based on personal views rather than congressional intent.