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Texas v Johnson case brief
On liberty freedom of speech
Texas v Johnson case brief
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“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
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.
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.
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.
Johnson” case was one for the books. Not only was it one of the most controversial cases of its time, but still is today. Opinions vary on the subject, many agree with the majority of the supreme court, but many are still hesitant to speculate whether the rule in Johnson’s case is legitimate. Was Johnson act unconstitutional? The nation is still baffled at this question, because although it was considered a form of symbolic speech there is no way of knowing if it was meant to be a speech at all. Could it be possible that Johnson formulated this symbolic speech testimony after the fact? With only one man, Johnson, to question the fact, there is no true way of knowing whether or not the act wasn’t just a disgruntled man burning a flag simply because he was getting back at the nation for wronging him. Whatever the fact, the rule still stands and will stand to correct future cases by being a point to look at for
Stripes and stars forever, right? Well, what exactly does that mean? The American Flag can be seen almost anywhere. From the high-school, to the ball park, and even in our homes, the American flag stands as a symbol of all that is good and true in America. When one thinks of the flag, they usually think of the blood that was shed for this country. It was shed so that we could have liberties, such as, freedom of speech and expression, which fall under the first amendment rights of the Constitution. However, when you think of a burning flag, what comes to mind? One might say it shows disrespect and hatred to a country that has given so much. In the case of Texas v. Johnson, Gregory Lee Johnson was accused of desecrating a sacred object, but, his actions were protected by the First Amendment. Although his actions may have been offensive, he did not utter fighting words. By burning the flag, Johnson did not infringe upon another's natural human rights. He was simply expressing his outrage towards the government, which is within the jurisdiction of the First Amendment.
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
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.
That flag represented your mother and father, your sister and brother, your friends, neighbors, and everyone at home. I wonder what they would say if someone asked them permission to burn the American flag?
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...