Texas Vs Johnson Essay

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)

The issue of burning the American flag, as a means of expression is continuously argued today. Many

Texas v. Johnson or American Flag Stands for Tolerance differences? Texas's v. Johnson is the courts decision and the American Flag Stands for Tolerance is the editors opinion. In the courts decision they had to accept Gregory Johnson for his beliefs people were very petulantly of Gregory's opinion. The news paper editor, Ronald J. Allen has his own opinion about the flag getting burnt by Gregory Johnson. Ronald J. Allen opinion is that it is wrong to discriminate the American flag and he still thinks we should have freedom. William J. Brennan thinks that the court opinion is right because the first amendment but he always says one mans opinion will not change our nations attitude towards the flag.

Almost two months later after the arrest, the arguments were presented to the three-judge panel of the Texas District Court of Appeals. The discussion was on both issues raised: the equal protection and right to privacy. John Anderson and Chief Justice Paul Murphy ruled in the favour of appellants. They found that they law was in violation of the Equal Rights Amendment to the Texas Constitutions which prohibited any discrimination based on

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

The History of Texas Texas history itself had its own amazing story. The small number of American settlers moved to the land of Texas had led to the dramatic war with the Mexicans. The land of Texas was used to be owned by Mexicans. Due to the argument between Texans and Mexicans caused the battle of San Jacinto and Mexican War. In long ago before American settlers moved to Texas, this place was so rich and an abundance of land.

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 court said the government cannot "carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol . . .” The court also said that the flag burning did not cause or threaten to cause a breach of the peace. After this happened, Texas asked the Supreme Court to look at their situation and Johnson’s case.

The United States is well-known for its principles of freedom and democracy, which is demonstrated through the First Amendment’s Free Speech Clause. Thus, American citizens can openly discuss political matters; criticize the President and his Cabinet on television, radio talk show or in the newspaper; or publicly protest against the government tax policy. However, Free Speech protection becomes debatable when some American citizens burn the nation’s flag to express their disagreement to the government. The act of burning the American Flag should be constitutionally protected under the First Amendment’s Free Speech Clause because the act is a symbolic expression that communicates an individual’s idea or opinion about his nation; and that

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

In 1791, the Bill of Rights was added to the Constitution to guarantee a limited government and protect the rights of the American people from the federal government. The 14th amendment was added later in 1868 in order to ensure due process for all and equal protection under the law. Many people have debated the effectiveness of these documents and called into question whether the freedoms of Americans are being protected. However, they have remained throughout the years as a steadfast guide for the basic freedoms we as Americans hold. The Bill of Rights and 14th amendment are effective because they have created a framework for court cases that have further refined and protected our freedoms, inspired action by the president and Congress to

The issue of flag desecration has been and continues to be a highly controversial issue; on the one side there are those who believe that the flag is a unique symbol for our nation which should be preserved at all costs, while on the other are those who believe that flag burning is a form of free speech and that any legislation designed to prevent this form of expression is contrary to the ideals of the First Amendment to our Constitution. Shawn Eichman, as well as the majority of the United States Supreme Court, is in the latter of these groups. Many citizens believe that the freedom of speech granted to them in the First Amendment means that they can express themselves in any manner they wish as long as their right of

Texas v. Johnson (No. 88-155). Argued: March 21, 1989. Decided: June 21, 1989 In 1984 the Republican National Convention was held in Dallas, Texas. While there, a group of protesters, opposed to President Reagan's reelection, burned an American flag. Specifically, Greg Johnson was seen dousing the flag with kerosene and lighting it on fire. Johnson was arrested under a Texas flag desecration law. He was convicted and sentenced to one year in jail and fined $2000. The State Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed the decision.

The suit raised two formidable constitutional questions. First, Texas had brought suit directly in the Supreme Court. Under the Constitution, only a state may do this. These were the days of Reconstruction, and Texas had a military