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Wynny V. Phelps Case Study

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Snyder v. Phelps Summary of a First Amendment Landmark Supreme Court case: Snyder v. Phelps 131 S. Ct. 1207 (2011) (link is external) Facts: Fred Phelps and his followers at the Westboro Baptist Church believe that God punishes the United States for its tolerance of homosexuality, particularly within the military. To demonstrate their beliefs, Phelps and his followers often picket at military funerals. Albert Snyder's son, Lance Corporal Matthew Snyder, was killed in the line of duty in Iraq in 2006. Westboro picketed Matthew Snyder's funeral displaying signs that stated, for instance, "God Hates the USA/Thank God for 9/11," "Thank God for Dead Soldiers," and "Don't Pray for the USA." The church notified local authorities in advance that …show more content…

Reasoning: (Brennan, J.) The majority of the Court, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. "A law directed at the communicative nature of conduct must, like a law directed at speech itself, be justified by the substantial showing of need that the First Amendment requires." The majority concluded that the Texas law impermissibly discriminated upon viewpoint. The Court noted, "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." For example, although the law punished actions, such as flag burning, that might arouse anger in others, it specifically exempted from prosecution actions that were respectful of venerated objects, e.g., burning and burying a worn-out flag. The majority said that the government could not discriminate in this manner based solely upon what message was communicated. Finally, the Court concluded that Texas' interest in preventing breaches of the peace did not support Johnson's conviction because the conduct at issue did not threaten to disturb the peace. Moreover, Texas' interest in preserving the flag as a symbol of nationhood and national unity did not justify Johnson's criminal conviction for engaging in political

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In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.

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The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them.

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Texas v. Johnson (1989) was a Supreme court case deciding whether or not flag burning is supported by “symbolic speech” protected by the first amendment. Gregory Lee Johnson is caught burning the American flag in Dallas, Texas in 1989 to protest Ronald Reagan`s policies. When Johnson had burned the flag during the protest the state of Texas arrested him for desecrating a venerated object. Although Johnson did not hurt or threaten to hurt anyone witnesses and spectators claimed to be seriously offended by seeing Johnson burn the flag. Most of the people in the courtroom were sided with Gregory Johnson supporting the fact that flag burning is considered as symbolic speech which is protected by the first amendment.

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In a five-to-four decision, the Supreme Court affirmed the judgment handed down by the Texas Court of Criminal Appeals, stating that flag burning was symbolic speech protected under the

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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.

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The 1st amendment “The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.” (First amendment, 1789) Which means that he has his own freedom of what to talk. Moreover, there was a case in taxes that a man called Gregory L. Johnson burned the USA flag as a way of his protesting. This time, the Supreme Court stated that “In a controversial decision, the Supreme Court, by the closest possible margin of a 5-to-4 vote, held that a person has a right to express disagreement with governmental policies by burning the American flag.”

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First, was displaying the Ten Commandments in courthouses and public schools a violation of the First Amendment?s establishment clause that prevents the government from passing laws in favor of any religion (Chicago-Kent College of Law at Illinois Tech, 2004a)? Secondly, was an assumption that the purpose of these displays had been for promoting religion enough of a determination for prohibition (Chicago-Kent College of Law at Illinois Tech, 2004a)? With a dissenting opinion on the matter, Justice Scalia first tells how he was in Rome, Italy on September 11, 2001. The President of the United States gave an address to the nation, ending it with ?

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The Westboro Baptist Church member are proponents of extremist Christian ideology. Their first amendment rights should not be violated solely to shield others from the Church’s message. Therein the church should be permitted to protest soldier’s funerals. According to court records taken during the Snyder v. Phelps case, the protest held at Lance Corporal Matthew Snyder’s funeral was both legal and constitutional.

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Feelings cannot be used as argument since they are not facts. For example, if a person walking at night feels that they are in danger, it doesn't mean that they are indeed in danger or that they are not in danger. In order for this to be a valid argument feelings have to be objective, which they are not thus makes the argument invalid. In addition to this weak argument, the state actually have created a rule in order to suppress citizens freedom, which is a direct violation of the First Amendment that specifically states “Congress shall make no law….abridging the freedom of speech”("First Amendment”(ratified 1791). This Amendment was added to the Constitution to protect the citizens from the government, and letting the government take this right from the citizens is very dangerous and concerning.

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In the article “Sorry, College Kids, There’s No Such Thing As Hate Speech” by The Federalist. The author John Daniel Davidson believes there is so no such thing as hate speech unless it is a crime. I agree with the author, you can say what you want unless it causes a riot or a crime is committed. [1]The case, which involved a white teenager burning a cross made from taped-together broken chair legs in the front yard of a black family that lived across the street, went to the U.S. Supreme Court. In this case I believe if no one was hurt and there wasn’t any damage to the property the white teenager shouldn’t be convicted.

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It is clear to see that flag burning causes tension, good tension as MLK would call it, that causes attention to be drawn to a topic and forces people to acknowledge the problem. Destroying the American flag is a powerful method of protest that says “This flag is useless because America is not what it is supposed to stand

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Jackson Rice Mrs. Mininni English III Honors April 28th, 2023 The legality of burning the flag is not a debated subject, but the question of should it be legal is. Burning the flag is protected under the First Amendment; however, a recent poll shows that a majority of U.S citizens disagree. Burning the flag in a form of protest should not be legal because the flag is a symbol of the country, honoring the flag demonstrates loyalty to the country, and the flag honors the sacrifice that soldiers have paid for this country.

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The law states that is freedom of speech to burn our American Flag, but how is stomping and burning the symbol of this nation where our freedom of speech should be. Most do it out of anger toward our country, but why do they have to take such drastic measures to show their anger. Wattad stated” grant the flag special respect.” ( 1, 2008) It's not saying take away freedom of speech just grant something that represents what our soldiers are fighting for special respect.

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We ruled in the Times’s favor. They didn’t mean to make false claims about the elected official. They had no malicious intent. The other case was Texas v. Johnson. Gregory Johnson burned an American flag in protest.

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Stop Burning the American Flag! Ronald Reagan once said, “When we honor our flag we honor what we stand for as a Nation - freedom, equality, justice, and hope.” The Texas v. Johnson case is a vast problem that seems to be overpowering in today’s society. Since the case began there have been flag burnings all over the country, and no one seems to be concerned since people are not getting disciplined. People should not be burning the flag that so many people fight and lost their lives for.

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