Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Texas v Johnson case brief
On liberty freedom of speech
Texas v Johnson case brief
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Texas v Johnson case brief
“Oh, say! does that star-spangled banner yet wave O'er the land of the free and the home of the brave.” Yet the question longing to be answered, Are we truly free? Texas v. Johnson 1989, “We decline, therefore, to create for the flag an exception to the joust[1] of principles protected by the First Amendment. . . . [2]” Freedom is not only fought for but it is protected under the Bill of Rights, yet most importantly the freedom of speech,conscience, and the right to petition the government is in the First Amendment. In the first place, burning the flag is a simple action to prove a point, however don’t we have the right to a political protest. As stated in the article Texas v Johnson Majority Opinion Written by William J Brennan “We are fortified in today's conclusion by our conviction that forbidding criminal punishment for conduct such as Johnson's will not endanger the special role played by …show more content…
They are quite wrong. The flag signifies many things but ultimately the flag signifies freedom. We are protected under the First Amendment to express ourselves, and we should be able to use the flag to do it. From the source (https://www.vfw.org/community/flag-etiquette) on how to dispose a flag it states, “1. The flag should be folded in its customary manner. 2. It is important that the fire be fairly large and of sufficient intensity to ensure complete burning of the flag. 3. Place the flag on the fire. 4. The individual(s) can come to attention, salute the flag, recite the Pledge of Allegiance and have a brief period of silent reflection. 5. After the flag is completely consumed, the fire should then be safely extinguished and the ashes buried. 6. Please make sure you are conforming to local/state fire codes or ordinances.” Burning the flag is a-ok when it’s being disposed but not when used in protest. That just does not make any sense at all. It is highly
I believe people lack respect for the flag and what it stands for. Although most people are proud to be an American, some don’t understand what it truly means to be an American. The flag has a history, and should be respected because of that history. Although most believe that respect should be earned, our flag has earned this many times over. And I believe that our flag is taken for granted.
At the 1984 Republican National Convention in Dallas, Texas, Johnson decided to burn an American flag in protest of some policies made by the Reagan administration and some Dallas corporations that he did not agree with. Noone sustained physical injury or was even threatened with physical injury, but many were offended by the jesture made by Johnson. The Texas penal code forbids the desecration of a venerated object.
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law.
After ruling the case in Johnson’s favor, it made it difficult to make a law banning the act of flag burning. Laws would be suggested and one would make it to the supreme court. The law would make flag burning a national offense punishable by law. Unfortunately the same majority decision as in the Texas v. Johnson case would arise as a five-to-four majority agreed once again that the law would abridge the right to freedom of speech. Seeing as the same judges presided over the case, the same defense was used to justify their ruling on the law. It was unconstitutional to abridge speech and by their ruling in Texas v. Johnson, the majority still viewed flag burning as a form of symbolic speech. Not only did the ruling in Texas v. Johnson hinder immediate lawmaking against flag burning, but it also divided a nation for a time. Johnson burned the flag, so he says, as an act against the Reagan administration. If this was so as he claimed that divided the nation, not only against him but against the supreme court. You have the protestors during the time who agreed with Johnson, the patriots against Johnson, and those left confused about what was right and wrong. No one side was right, yet no one side was wrong in their eyes. Johnson’s act was crude and even to those who agreed with his right to freedom of speech, they didn’t view his act as unpunishable. The case made the nation doubt itself and its
To the Majority Opinion it’s a flag of our nation but to the Dissenting opinion its means more than just a flag. It means “White signifies purity and innocence, Red, hardiness & velour, and Blue, the color of the Chief (the broad band above the stripes) signifies vigilance, perseverance & justice." In this case the Dissenting opinion gave reasons why flag burning should be banned. Eventually Congress passed the Flag Protection Act of 1989. The Act banned flag burning regardless of whether the person burning the flag intended to cause offense to
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
A final reason why flag burning should not be banned is that it is an act that allows
For those who want to light Old Glory on fire, stomp all over it, or spit on it to make some sort of "statement," I say let them do it. But under one condition: they MUST get permission from three sponsors. First, you need permission of a war veteran. Perhaps a Marine who fought at Iwo Jima? The American flag was raised over Mount Surabachi upon the bodies of thousands of dead buddies. Each night spent on Iwo meant half of everyone you knew would be dead tomorrow, a coin flip away from a bloody end upon a patch of sand your mother couldn't find on a map.
The Confederate flag was used symbolically during the Civil War. For Southerner’s, the flag represented a source of southern pride as well as a way of remembering the fallen Confederates. As the Civil War proceeded, the meaning of the flag began to change. Currently, the flag is being used as a symbol of racism. Due to this change in meaning, controversy over the flag has been exponentially growing.
The burning of an American flag is not necessarily anti-American or unpatriotic. Sometimes, the greatness and majesty of the flag is better portrayed in the powerful political and societal statement of destroying it. This act can convey the feeling of the American people that their government is not the body it should be or that it is not doing the will of the people. This is probably one of the most emotional actions they can take to get the government's attention. Some of these protestors may even love the flag as much as those who are for banning flag burning, but the burners want to emphasize the seriousness of their complaint. The act of burning a flag may be the people's way of telling the government that it is co...
Many students all across America stand and salute to the flag every morning and repeat these words, “I pledge allegiance to the flag of the United States of America, To the republic for which it stands, one nation, Under God, Indivisible, with liberty and justice for all.” There are controversy behind these words of historical allegiance, and that is why many people are refusing to stand for the pledge. This nation was founded upon freedom and liberties, and with those liberties comes with the freedom to choose your religion. The words “Under God”
turn on lights as it makes fire and so they turn on all the lights
The dissenting opinion to the previous idea is that the government's legitimate interest in preserving the symbolic value of the flag is, however, essentially the same that may have motivated a particular act of flag burning. The flag uniquely symbolizes the ideas of liberty, equality, and tolerance -- ideas that Americans have passionately defended and debated throughout our history. The flag embodies the spirit of our national commitment to those ideals. To the world, the flag is our promise that we will continue to strive for these ideals. To us, the flag is a reminder both that the struggle for li...
Some people see the American flag as patriotism. These people are the ones who have their flags out all year around. The ones who always have them flying high. Some of these people even have American flags hanging off their cars. To some people the American flag is their son or daughter who they have lost either in the line of duty in the military, on the police force, or even the fire department. Although its sad but true some Americans have no patriotism and could care less what happens around them. These people will only care if it affects them in a harmful way.
Speech is not just limited to words, it can involve actions as well. Taking action to burn the flag is highlighting someone’s seriousness of their complaints about our country. “Patriotic poetry and son promotes the notion that the flag is a vital component of the America experience and that it therefore deserves veneration” (“The Sacred Flag and the First Amendment” 530). People see this as a big problem mainly because it is a gesture showing that people are not happy with the symbolism of our flag. Many see the American Flag as a symbol that defines America.