The Supreme Court Case Of Texas V. Johnson And The Freedom Of Speech

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. Texas v. Johnson expanded the rights of symbolic speech and freedom of expression under the First Amendment and was presented as a precedence for future cases along with influencing the final decision on the revision of
California, in 1931, was seen as a violation of the First Amendment after Stromberg was arrested for displaying a red flag as a sign of resistance against the government. This was the first declaration that symbolic speech is protected under the First Amendment (“Timeline of Flag...”). In 1943, the issue of a law requiring people to salute the flag was raised in the West Virginia v. Barnett court case. In this case, the importance of freedom of expression under the First Amendment was highlighted by Justice Jackson (“Supreme Court Cases”). In 1969, Street v New York it was decided that no state is able to convict a person based on verbal comments insulting the flag. Street was arrested after burning the flag and yelling “we don’t need no damn flag” into the crowd. Instead of focusing on the burning of the flag and deciding whether or not it is protected under the First Amendment they focused on Street’s oral remarks (“Timeline of