Essay On Freedom Of Speech

The central issue in the Stromberg case was whether the state of California violated the First and Fourteenth Amendment by making it illegal to display red flags that suggested support of organizations that dissented organized government or favored anarchic action (Communism). This case was a significant landmark in constitutional law because of the Court’s use of the Fourteenth Amendment to protect a First Amendment right, symbolic speech, from state infringement. It impacted American society in a positive way because it expanded the freedoms in the First amendment and created the doctrine that would be used in cases involving subjects like American flag and draft card burning. The Supreme Court ruled accurately, the government cannot outlaw speech or expressive conduct because it disapproves the ideas expressed. “Nonverbal expressive activity can be banned because of the action it entails, but not the ideas it expresses.” (pg.25)

This case then was put up to the national level and sent to the United States Supreme Court. There was great public attention because of media. Many groups involved themselves in either trying to support that Texas violated Johnson's first amendment right of freedom of expression, or tried to get a new amendment passed to the constitution stopping the burning of the United States’ flag. The final decision by the Supreme Court on June 21, 1989 was by a 5 – 4 vote, that the Texas court of criminal appeals violated Johnson's first amendment rights by prosecuting him under its law for burning a flag as a means of a peaceful political demonstration. The Supreme Court upheld this ruling, stating the flag burning was "expressive conduct" because it was an attempt to "convey a particularized message." This ruling invalidated flag protection laws in 48 states and the District of Columbia.

“American Flag Stands for Tolerance”, an article based on the Johnson case, focuses on “a person has a right to express disagreement with governmental policies”(line2). The author of this article focused on the meaning of freedom. In line 65, the author states, “the flag stands for free expression of ideas...The ultimate irony would have been to punish views expressed by burning the flag that stands for the right to those expressions”, meaning it would be pointless to punish those who petulantly burned the flag as an expression of their thoughts, when they have the freedom to express their

In order to find truth to anything, one must make multiple suggestions, ask many questions, and sometimes ponder the unspeakable. Without doing so, there would be no process of elimination; therefore, truth would be virtually unattainable. Now, in our attempts to either find truth, express our beliefs and opinions, or generally use the rights we are given constitutionally, we are often being criticized and even reprimanded. Our freedom to voice our opinion(s) is being challenged, as critics of free speech are taking offense to what seems like anything and everything merely controversial and arguably prejudice. As people continue to strive for a nation free of prejudice and discrimination, where everyone is equal, safe and

William J. Brennan wrote the seminal document, Texas vs. Johnson and Ronald J. Allen wrote the article, American Flag Stands for Tolerance and both justify their reasoning on why burning the American flag is not a serious offense. Brennan and Allen both have different tones in their articles because the context for both of them are different.

Johnson was decided on June 21st of 1989 by the United States Supreme Court. The United States Supreme Court ruled that Gregory Lee Johnson's liberties and rights were violated, and that the burning of the U.S. flag was a constitutionally protected form of speech under the First Amendment. The court decided that flag burning was symbolic speech, and protected under the First Amendment. The opinion of the Court came down as a controversial 5–4 decision, with the majority opinion delivered by William J. Brennan, Jr. and Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy. Texas v. Johnson, was an important decision by the Supreme Court of the United States that revoked prohibitions on desecrating the American flag, enforced in 48 of the 50 states. Johnson’s actions, who were supported by the majority argued, that flag burning was explicitly symbolic speech, political in nature and could be expressed even if those disagreed with him, stated William Brennan. The majority also noted that freedom of speech protects actions that society may find very offensive, but society's outrage is not justification for suppressing Johnson’s actions, or symbolic speech. The dissenting opinion, which was written by Justice Stevens, and included Justices Rehnquist, White, Stevens, and O’ Connor, was that the flag's unique status as a symbol of national unity outweighed "symbolic speech" concerns, and thus, the government could lawfully prohibit flag

Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas passed the Flag Protection Act, which prohibited any form of desecration against the American flag. This act provoked many people to protest and burn flags anyway. Two protestors, Shawn Eichman and Mark Haggerty were charged with violating the law and arrested. Both Eichman and Haggerty appealed the

The first amendment, as written in the constitution, forbids the abridgement of “speech”, but we have not taken upon the writing that it spreads past spoken and written. Any citizen has the wright to use his or her form of “speech” in his or way of choosing. These forms can be in words, or written down on paper. These ways of speech can also be used in actions, and these actions can express an idea of language as well. When Johnson decided to burn the American flag, he was using his form of speech to get his point across to the new president. When the state came after him, they were in the wrong because of this amendment. Because of this, it was

Was it right for Johnson to burn the flag? It was under federal law in 48 of 50 states in the U.S. to desecrating an American flag and it was also a criminal offense in Texas. Freedom of speech should not apply to flag burning because of “intangible dimension” of the flag’s deeply symbolic value others maintain that flag burning establishes rejection of the system that protects freedom of speech

II. Flag burning as a symbolic act, symbolic counter speech and the original meaning of the First Amendment’s Free Speech Clause

Johnson, 491 U.S. 397 (1989), was heard in the Texas Court of Criminal Appeals. Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988). The Texas Court of Criminal Appeals reversed the decision of the Texas Court of Appeals, Fifth District holding that “Johnson’s right to freedom of speech under the First Amendment of the United States Constitution was violated by the statute. States cannot pass laws which take away freedoms that are promised under the United States Constitution, and in passing section 42.09(a)(3), the state had deprived Johnson of his constitutional right to express his views about the government.” Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). The Texas Court of Appeals, Fifth District had affirmed the decision of the Dallas County Criminal Court which found Mr. Johnson guilty of desecration of the American flag. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13,

The First Amendment and Texas v. Johnson address the same concepts, so they are similar. The First Amendment states that a congress does not have the right to make laws abridging the freedom of speech along with the freedom of expression. Similarly, the Supreme Court in Texas v. Johnson decides that Texas is not allowed to criminally punish Johnson, although he violated a Texas law banning flag desecration by burning the American flag, because flag burning is a form of expression and speech protected by the First Amendment. Furthermore, the rights and freedoms listed in the First Amendment essentially lets people know that they have to be tolerate of other people’s viewpoints since everyone has the right to freedom of speech and freedom of

for Texas v. Johnson, Chief Justice Rehnquist explains that many Americans regard the flag “with an

The stories Texas vs Johnson and American Flag Stands for Tolerance are completely different to each other when it comes to tone. Today you will see how they were different how they are different.

In 1984 a man by the name of Gregory Lee Johnson burned an American Flag in protest of President Ronald Reagan’s policies. This brought up quite a controversial topic however. Should burning the American Flag be illegal or legal. The Supreme Court made the decision that it was not illegal in a 5 to 4 vote. Many articles were published about this topic that had many differences and similarities like how the American Flag is treated and how this is punished and a difference being how the article’s determinations were