Should someone be locked up for burning the American Flag? Yes, because the American represents unity and freedom between all 50 states. Most of the U.S. may have become emotional, because of what happened to the flag. Desecrating an American Flag was a criminal offense in Texas, as it was under federal law and in 48 of the 50 states. Johnson was arrested and charged with violating the flag. The court sentenced Johnson to one year in prison, and a fine of $2,000. Texas reversed Johnson’s conviction and the U.S. supreme court agreed to hear the case. If Johnson is not guilty, then he was right to his freedom of speech, because he burned the flag to get the laws attention Johnson tried to get the laws attention for what he needed to say, but they didn’t care for what he had to say. The only way to get the laws attention was doing something violent. Texas reversed Johnson’s conviction, because Texas thought it wouldn’t have an effect on others. As Texas thought this they were wrong, because it did have an effect on other people in the U.S. Texas had two compelling governmental interests. The two governmental that Texas had were preventing breaches of peace, and preserving the flag as nationhood and national unity. Brennan rejected Texas’ argument on preventing breaches of the peace, because there was no breach of the peace that occurred in this …show more content…
The flag as a symbol of nationhood and unity is related to the suppression of expression. He stated that this did not meet the O’Brien test to the limits on expression. In Texas the law only criminalizes flag burning done in a way knows that it will offend others. In this case Brennan only relied on Robert H. Jackson’s famous description “one of our society’s defining principles”. If Brennan can rely on Justice Robert H. Jackson’s, then he can win against Texas, because Justice Robert is defining society’s