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Essay on freedom of expression on flag burning and the first amendment
Essay on freedom of expression on flag burning and the first amendment
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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
Dissenting opinion for Johnson Is there any sort of consequences to someone if they burn the American Flag? In the U.S Supreme Court case “Texas v. Johnson”, Johnson was jailed by the start of Texas due to the desecration of the American Flag. The U.S. Supreme Court accepted his case, and the majority opinion of the case decided it was not a criminal offence to burn a flag because of the First Amendment. We the dissenting opinion believe that the burning of the American Flag should be a criminal offence.
According to Robert T. Schatz and Howard Lavine, "the power of national symbols to rouse impassioned emotion and behavior has been noted by scholars from a variety of disciplines." It is not surprising that those who are passionate about the patriotism that comes along with a display of the American flag would be offended by such a blatantly disrespectful action against the flag. However, just because something is considered offensive does not necessarily mean it should be prohibited by
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.
The first case of the day that was heard by the Supreme Court on December 13th was Texas v. Johnson. Gregory Lee Johnson, a member of the Revolutionary Communist Youth Brigade, led a protest at the 1984 Republican National Convention in Dallas to protest Ronald Reagan’s reelection. During this protest, Mr. Johnson soaked an American flag in kerosene and proceed to burn it. Mr. Johnson was then arrested and charged for violating the Texas state law that prevented the desecration of a venerated object. The proceedings began with statements from the petitioners who claimed that precedent cases such as US v. O’Brien (1968), which deemed that the burning of draft cards was an invalid form of free speech, and Boos v. Barry (1988), which reinforced
Many people were still disputing the fact that someone can burn a protected object and can burn the American flag. This decision was very controversial and was a bad decision in my opinion. There were many more flag burnings after they passed this act making it hard to rule all of them and I think that something like the american flag shouldn’t be able to be set on fire and desecrated. I think if something like the confederate flag is being banned in some places, the american flag shouldn’t be able to be desecrated. If the Supreme Court would have just voted against Gregory Lee Johnson, this whole situation with burning the American flag wouldn’t be
In 1984, a man named Gregory Lee Johnson was charged with burning an American flag during a protest
Johnson Majority Opinion,” written by William J. Brannan. A court case is brought about due to the burning of an American flag while on protest. The government was looking at two sides in this court case. Texas and Johnson, had two different opinions on how this event should be handled. Texas’ idea on the burning of the flag is that it should not be accepted nor shall the people's ideas be accepted.
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
Summary of the case In 1989 Congress passed the Flag Protection Act, which made it clear that any individual who “knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or the ground, or tramples upon” an American Flag can be prosecuted (get a fine or risk jail for year). The Act was passed after Supreme Court had made a law, which said that all flag destruction was forbidden. The law violated the 1st Amendment about free expression. Congress found a solution by passing the Flag Protection Act.
"Should you stand for the American flag or should you kneel in protest?" A question Americans have began asking after the recent NFL national anthem kneel protest. I say, you should stand for the flag not only for pride but also what the flag stands for. As well as respect for fellow soldiers and veterans who have for fought for the flag to keep waving; but ironically, the American ideas give the right to do as you please to the flag from kneeling or even burning. Now should you really kneel for the flag in protest?
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 ruled that Johnson’s liberties were violated when Texas took him to jail, and that his actions were protected and legal by the Constitution. Even though most American’s probably thought that it was against the Constitution and against the government to burn a flag, he was expressing his rights even though it was very
Pictures of the accused killer flooded television, social networks and newspapers. The displaying of the killer holding the confederate flag was displayed because of the killer’s hate for the black race. Nine people were killed in the shooting spree. The incident in my opinion was a demonic act because the killer sat and open fire while the congregation prayed. Sadly, only because of nine people dying because of racism, the flag was removed for several southern states.
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.
