Case that Burning the flag is protected
Case Name: Texas vs JohnsonCase Number: 491 Us 397Facts of the CaseAccording to www.uscourts.com, “The case Texas vs Johnson was heard by the Supreme Court in 1989.” This case first started when Gregory L. Johnson started burning an American flag outside Republican national Convention. He was protesting the policies of Ronald Reagan. He was arrested and charged with violating a texas statute.
This statute stated that it was against the law to destroy a venerated object. Johnson was tried and the jury convicted him. According to www.oyez.org Johnson was sentenced to 1 year jail time and an assessed 2000 dollar. After the texas court of Criminal Appeals reversed his sentence he was able to appeal to the supreme court by arguing that flag burning was protected by the first amendment. The LawThis case addressed the first amendment.
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The first Amendment states,Congress shall not make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. U.S. Const. amend.IThis describes the freedom of speech and how you have the right say whatever you want to say.
This applies to the case because Johnson argues that burning the flag in public is a form of protest/speech making it protected by the first amendment. With regards to the case Texas v. Johnson the supreme court had to answer this question is burning the flag in public protected by the first amendment.ArgumentsGregory L. Johnson is the Apelent of this case.
According to www.oyez.org Johnson stated that he simply protesting when burned the american flag. Therefore he should be protected by the first Amendment which protects the freedom of speech and the the freedom peaceful protest. The Respondent of this case was texas. The website www.uscourt.
gov state “Justice Stevens argued that the flag’s unique status as a symbol of national unity outweighed “symbolic speech” concerns, and thus, the government could lawfully prohibit flag burning.” This quote describes how burning the flag may incite anger into others and disrespect all those who have died fighting for America’s. Opinion of the Court Justice Brennan authored and delivered the majority opinion. According to www.oyez.org he believed that Burning the flag is protected by the Constitution. It was protected by the first amendment because it is viewed as a form of protesting.
Five out of nine members agreed with this opinion. The dissenting opinion was authored by Justice Stevens. According www.
uscourts.gov he argues that burning the flag may incite anger into others. Outcome The final decision was made after a (4-5) vote.
www.oyez.org The majority ruled that it burning the flag in protest is protected by the 1st amendment.
The Constitution states that every citizen has the right to freedom of speech and peaceful protest. Response to court Decision Many people were angered by the ruling. They believed that it is disrespectful to burn the flag as a sign of protest. A recent interview with a star scout, the senior patrol officer of his troop stated that he does believe that you should be able to burn the flag but only if it is worn down and you do it in a respectful manner because it would be more disrespectful to keep it hanging. He also thinks that you should only burn a flag to show a sign of respect not in protest. Impact A similar case is the Spence v.
Washington case. In this case is about how Harold spence put a peace sign on the flag and hung it up. This relates to the Texas v. Johnson because both were charged with doing something with the flag. He was arrested and charged with violating a Washington Statute. This case was affected by Texas v Johnson because it convinced the court that putting a peace sign on a flag was freedom of speech.Decision TodayThe case still stands.
It is still legal to burn the flag in public. Other cases have threatened to turn over this case but had failed because the majority of the supreme court believes that burning the flag as a sign of protest is protected by the first amendment. Which protects the freedom of speech and peaceful protest.
My opinion regarding the Texas v. Johnson is very bamboozled. I fail to understand why you should be able to disrespect our country by burning the flag. The First Amendment gives you the right protest peacefully I would not call burning the flag and hanging it up as “peaceful”. When you burn an american flag in protest you are not burning a random piece of cloth. You are burning a national symbol and disrespectful over one million people who fought and died for what they thought was for the better good. Reference ListFacts and Case Summary – Texas v. Johnson.
(n.d.). Retrieved December 06, 2017, from http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-texas-v-johnson Miller, J. A. (1997).
Texas v. Johnson: the flag burning case. Springfield, NJ: Enslow . Texas v. Johnson – Case Summary and Case Brief. (2017, April 16). Retrieved December 06, 2017, from https://legaldictionary.
net/texas-v-johnson/Texas v. Johnson – Retrieved December 06, 2017, from https://www.oyez.org/cases/1988/88-155U.S. Const. Amend. IBrady Plumber WSCA Student December 8, 2017