The case of FEIN v. SELECTIVE SERVICE SYSTEM LOCAL BOARD NO. 7 OF YONKERS, NEW YORK in 1971 revolved around the issue of conscientious objection to military service during the Vietnam War era. The petitioner, Fein, had initially been classified as a student deferment but later claimed conscientious objector status after his graduation from college and subsequent enrollment in graduate school where he studied philosophy and religion which led him to develop pacifist beliefs. His local draft board denied this claim on grounds that it was not filed "as soon as feasible." The Supreme Court ruled against Fein stating that Selective Service regulations did not require immediate filing for conscientious objector status upon acquiring such beliefs; rather they allowed for a reasonable time period within which an individual could file such claims after their convictions became fixed.

In the dissenting opinion for FEIN v. SELECTIVE SERVICE SYSTEM LOCAL BOARD NO. 7 OF YONKERS, NEW YORK, Justice Thurgood Marshall argued that Fein's draft reclassification was a punitive action taken in response to his anti-war activities and thus violated his First Amendment rights. He contended that the Selective Service System had no right to punish individuals for their political beliefs or expressions thereof. Furthermore, he disagreed with the majority's assertion that Fein had failed to meet procedural requirements when challenging his reclassification; instead, he believed Fein did everything within reason and law to assert his rights before resorting to court action. In essence, Justice Marshall viewed this case as an infringement on free speech and due process rights.