Introductory paragraph “The flag is one of the most recognizable symbol of the United States.” During the case of Johnson vs. Texas, I believe that Johnson was exercising his rights to free speech but I truly think that he should have done it somewhere else then a public square, someone could have gotten hurt by the flames of the burning flag, or Johnson could have gotten hurt because he was burning the flag around people who love the United States flag. I agree with the fact that Johnson was sentenced to 1 year in jail, he burned the Flag in Texas and in Texas they have a desecration law of violating the flag. From my own point of view, I think Johnson wasn’t exercising his rights to free speech but, he did it in the most absolutely
The plaintiff’s argument was that the student’s suspension was unconstitutional and the confederate flag is a part of his heritage. The district court ruled the school’s dress code policy unconstitutionally
As defined in the Meriam Webster Dictionary the words Supreme Court is the highest court of law in a country or U.S. state. Also defined in the Meriam Webster Dictionary is the words judicial review it is a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional. In the Supreme Court case of Texas v. Johnson, Gregory Lee Johnson had burned an American flag. He burned the flag because he was protesting the policies that President Ronald Reagan had enacted.
Although nobody was physically harmed, the flag burning offended many witnesses. As a result, “Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a state court of appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances.” This reflects judicial restraint because the United States v. Eichman Court decision faithfully applied the precedent and honored the prior Court decision from the 1989 Texas v. Johnson case.
In 1984, a man named Gregory Lee Johnson was charged with burning an American flag during a protest
The majority of the case argued it was protected by the First Amendment. In my opinion, even though it is protected under expressive conduct I feel it is wrong to take it out on a symbol of unity, the American Flag. Put aside the fact that people do it to get their point across but their
The flag has the words “I ain’t coming down” written on it. The next day the students who were responsible for the raising of the flag were suspended. In the next few days Rebecca Doolen, who is a student at hudson, wore a t-shirt with the confederate flag displayed on it. She was sent home, along with being suspended. “It’s heritage, not hate”- Rebecca Doolen.
Allen. In this one guy, Gregory tried to express his freedom by burning the American flag. This raised an uprising on what is worth expressing freedom and is defacing the American flag. ”Each individual is to have the freedom to develop by his or her own lights, and not by the command of officialdom.” This states that we have the right to our own ways of freedom.
The first story, “Texas v. Johnson Majority Opinion American Flag Stands for Tolerance” by William J. Brennan and Ronald J. Allen, is a court case that started when a protester named Gregory Lee Johnson, set an American flag on fire and believed it was his right to do so. The police intervened and arrested him and he was charged with the desecration of a flag. People were impacted by this. The Texas representative said,”...the burning of an American flag is an act having a high likelihood to cause a breach of peace and its statute's implicit assumption that physical mistreatment of the flag of the flag will lead to serious offense…” William J. Brennan, the judge, believed
The controversy grew to the point that a flag in front of a government building was taken down by a protester. Polarizing issues like these are constantly arising in our country leading to riots and
The law in Texas at the time banned flag burnings. He was convicted, and the case was appealed to the Supreme Court. We ruled that Johnson’s right to free speech had been violated. He was expressing symbolic speech. We ruled that even though an opinion is unpopular, doesn’t mean we have the right to restrict his freedom of
The Supreme Court in 1989, ruled in favor of flag burning, that it was a protected form of free expression (Texas v. Johnson). In 1990, in another case the same holding was reiterated (U.S v. Eichman). According to the First Amendment of the United States Constitution, it states clearly that for a government (whether federal, state or municipality), it is unconstitutional to prohibit the desecration of a flag, due to its status as a “Symbolic Speech.” The Federal Flag Desecration Law was enacted that prohibited any action of “contempt” against the flag. Since then it has sparked a debate that has raged through American society, on should it be illegal to burn an American flag?
I am not sure if the banning of the flag would have avoided this incident because the people that were fighting to keep the flag displayed still showed lack of compassion and sympathy for this incident. I personally watched the removal and was overwhelm with emotion as the flag was march off South Carolina grounds. I thought of my great grandfather and uncle who was slain by white people in June 27, 1916 and July 7, 1916. http://files.usgwarchives.net/nc/greene/newspapers/wilbla.txt Again my position on The Confederate Flag is removal and dismissal of displaying of the flag.
For instance, in 1990 Margaret Gilleo placed a sign in her yard protesting the Gulf War. The city of Ladue, Missouri (which Gilleo resided in) called for her to remove the sign because it violated the city’s law against yard signs (“The Power,” n.d.). Margaret Gilleo sued the city, and the case was eventually heard before U.S. Supreme Court. The U.S. Supreme Court affirmed the decision of the lower courts that Laude’s law was unconstitutional and violated Gilleo’s freedom of speech, in the case of Ladue v. Gilleo, 1994 (“The Power,”
The burning of the American flag should not be protected by the First Amendment. Gregory Lee Johnson was convicted of burning the flag in violation of the Texas Law. After a march, he burned the flag in protest during the 1984 Republican National Convention. No one was hurt during this demonstration.
