Preeminent Court Case

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)

In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people

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.

Johnson Majority Opinion” focuses on an actual court case based on a situation where a flag was burned. The people of Texas were outraged with Johnson. During the time of the case the people gained acceptance to allowing Johnson to be a free man.”The way to preserve the flag’s special role is not to punish those who feel differently about these matters. It is to persuade them that they are wrong.”, an excerpt from “Texas v. Johnson Majority Opinion”(line38), states that those who freely express unlawful thoughts shall not be prosecuted, but proven that what they’re expressing is unlawful.

The American Flag is symbol of freedom to those individuals living in the United States. To the soldiers who fight for our freedom, seeing the flag they honor and salute disgraced and disrespected is like a “slap in the face”. Topics discussed throughout this paper are as follows The Star Spangled Banner, American traditions involving the flag, how to fold the flag and what each fold symbolizes, how to properly handle and when/when not to fly the flag as well as, flag burning, a few major case laws about the flag, pending Supreme Court cases regarding the American flag, the reasons for the decisions made, how things have changed over time and some arguments for/against, pros/cons will be discussed so that we all

The articles, Texas v. Johnson, and The American Flag Stands for Tolerance differ in tone as the context of the articles, and the authors’ purpose for writing each establishes the tone of each.

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

Using a few points from a Derek Bok essay and a short quote from Susan Jacoby, this paragraph will highlight the First Amendment. Bok, a Harvard University President for 20 years, handled a similar situation as the St. Cloud University President. The presentation of two Confederate flags and then a swastika, aggravated some students who found the symbols

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

This week’s case study, Texas v. Johnson, 491 U.S. 397 (1989), Gregory Lee Johnson burned an American flag in front of Dallas City Hall as a means of protest against the policies of the Reagan administration. He was arrested by Dallas police officers and he was charged with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” In this case, it was the contention of the arresting officers that burning the American flag was an act of desecration which was punishable by law. Section 42.09(a)(3) of the Texas Penal Code was enacted by the Texas State Legislature, at the time when this matter was brought to trial, the parties involved were the State of Texas and Mr. Gregory Lee Johnson. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least

Concerning the outcome of Texas v. Johnson, Justice William Brennan delivered the opinion of the court: "If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Flag burning may be offensive to loyal Americans, but it is not threatening enough by itself to justify punishment. Brennan also stated that "we do not consecrate the flag by punishing its desecration, for in so doing we dilute the the freedom that this cherished emblem represents." In Johnson’s case, the Supreme Court valued constitutional principles rather than patriotic preferences.

The symbols of this great nation are many. The Liberty Bell, Washington Monument, the Bald Eagle, the White House, and the document that is the foundation on which this country is built, the Constitution of the United States. These symbols are immediately recognized by the citizens of the United States and some internationally, however the one symbol that is universally recognized is the Stars and Stripes. It is the symbol of a free nation whose citizens are allowed to strive for the American dream, the ability to achieve success through hard work, regardless of race, creed, or religious beliefs. Such a symbol should be held sacred and beyond reproach. Defacing the White House, harming a Bald Eagle, or burning the Constitution are considered felony offenses, however desecrating the American Flag is protected under the First Amendment of the U.S. Constitution. Standing on, defacing, and burning of the flag by U.S. citizens only creates public unrest and should not be allowed.

Once the appeal made its way to the Texas Court of Criminal Appeals the court overturned his conviction, stating that the State could not punish Johnson for burning the flag because his actions would be considered as symbolic speech which is protected by the First Amendment: "Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly `speech' contemplated by the First Amendment." in order to justify Johnson conviction of engaging in symbolic speech, the state addressed two interests:”preserving the flag as a symbol of national unity and preventing breaches of the peace”. A decision was made by The Court of Criminal Appeals that neither interest supported his conviction. The court acknowledged that their decision in West Virginia Board of Education v. Barnette, 319 U. S. 624 (1943) suggested that continuing further interest would be considered impermissible. "Recognizing that the right to differ is the centerpiece of our First Amendment freedoms," the court also explains that "a government

“It is unconstitutional for the school to display the Christian flag. The display of this patently religious symbol by the District confers government

run by school officials, that it could be controlled by them, "so long as their