In the case of Gutknecht v. United States (1969), the U.S. Supreme Court ruled that it was unconstitutional for draft boards to expedite induction into military service as a punishment for anti-war protests or other forms of political dissent. The plaintiff, Bruce Richard Gutknecht, had been reclassified from II-S (student deferment) to I-A (available for unrestricted military service) by his local draft board after he had protested against the Vietnam War and returned his draft card in 1965. He argued that this action violated his First Amendment rights to free speech and assembly, as well as due process under Fifth Amendment because there were no provisions within Selective Service laws allowing punitive reclassification based on political activities. In a unanimous decision, the court agreed with him stating that such actions exceeded statutory limits set by Congress regarding selective services system's operations.

In the dissenting opinion for Gutknecht v. United States, Justice White argued that Congress had a legitimate interest in preventing draft evasion and ensuring military readiness during times of war. He believed that the Selective Service Act was not punitive but rather regulatory in nature, designed to maintain an effective draft system by discouraging unlawful behavior. The majority's interpretation of the law as being punitive would undermine its effectiveness and potentially lead to widespread draft evasion. Furthermore, he contended that there was no constitutional right to protest or resist conscription through illegal means; while individuals have a right to voice their opposition against government policies or actions, they do not have a right to break laws without facing potential consequences.