The Supreme Court’s decision on the case of Texas v. Johnson has been a controversial one, as it involves the burning of our national symbol, the American flag. It leads to the question: Does the desecration of the American flag a way of expressing speech that is protected by the first amendment? Shouldn't the destruction of a true American symbol be protected and preserved, as it is a symbol that represents our country? There is a great amount of criticism that Texas v. Johnson has been faced with; most of which are valid points that could contribute to possibly overriding this decision of Texas v. Johnson in the future. August 22, 1984, marked the day of the 1984 Republican National Convention in Dallas, Texas. Gregory Lee Johnson was …show more content…
The flag is a symbol of freedom and prosperity, and of hope. It is also used to express patriotism for example, in which solders raise the flag to symbolize an American victory in war. The American flag is the symbol that exemplifies our nation. Justice Stevens, who disagreed with the majority’s argument, states in his dissenting opinion that: “The ideas of liberty and equality have been an irresistible force in motivating leaders like Patrick Henry, Susan B. Anthony, and Abraham Lincoln, schoolteachers like Nathan Hale and Booker T. Washington, the Philippine Scouts who fought at Bataan, and the soldiers who scaled the bluff at Omaha Beach. If those ideas are worth fighting for -- and our history demonstrates that they are -- it cannot be true that the flag that uniquely symbolizes their power is not itself worthy of protection from unnecessary desecration.” (Texas v. Johnson, 1989, Dissenting Opinion, http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZD1.html) The desecration of the flag is a way of expressing your feelings against the country, while showing no appreciation for what these people have done to make our country the way it is. It is a symbolic way to express hatred towards the US, and it should not be allowed, as the flag characterizes our history and who we are as a country, the fifty United States of America. Even though the first amendment allows freedom of speech, does not mean that there cannot be punishment for disrespecting
Depicting on whether the flag burning is protected by the First Amendment the answer would be no while reading this particular article and evidence stated. Yes there will continuously be pros and cons of the situation in regards to the flag; because of various individual values. Therefore the court believes the flag is a symbol a representation of its special role to society and political reasoning, there will be some people who do not agree with but none deserve to be punished because of their own personal beliefs. There came a point where “burning the flag in private” would be an okay to do so. It is now clearly outweighed with the simple fact of having the highest courts prohibit public burning of the flag on grounds. They would rather articulate
The American flag consists of thirteen horizontal stripes, with seven red stripes alternating among six white. In the upper left corner there is a rectangular blue space that contains fifty white stars. The thirteen stripes symbolize the thirteen original colonies of the United states of America and the stars represent the fifty states of the Union. White is said to symbolize purity and innocence. Red symbolizes strength and courage, and blue symbolizes vigilance, perseverance and justice. The flag in simple words is a piece of cloth that has meaning. The flag stands for everything in our country’s past.
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.
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 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
One of the most important cases in the history of the United States, especially for the freedom of American speech and expression, was Texas v. Johnson. This landmark Supreme Court case allows burning the American flag as grounds of symbolic speech. For the Supreme Court, the question was the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? During the Reagan administration, many were upset due to Reagan’s policies, especially his military buildups and his missile reforms. During the Reagan administration, many protests took place, including arm bands to protest military, and sign waving to protest Reagan’s tax cuts that “favored the wealthy”. When the Republican National
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 rights have caused much controversy because it allows people to say, act, or feel how they see fit; for example, hanging of a Confederate flag or displaying a swastika in public view. It is a very hard and intense act; although it is their right to do so. According to the Supreme Court’s ruling, the displaying of these symbols is protected under the First Amendment.
The burning or desecration of the American Flag may fall under both freedoms. When one thinks of the flag, they usually think of the blood that was shed for this country. It was shed so that we could have liberties, such as, freedom of speech and expression, which fall under the First Amendment rights of the Constitution. However, when you think of a burning flag, what comes to mind? One might say it shows disrespect and hatred to a country that has given so much. In the case of Texas v. Johnson, Johnson was accused of desecrating a sacred object, but, his actions were protected by the First Amendment. Although his actions may have been offensive, he did not utter fighting words. As stated in Source D “Justice William Brennan wrote the 5-4 majority decision in holding that the defendant’s act of flag burning was protected speech under the First Amendment to the United States Constitution.” By burning the flag, Johnson did not infringe upon another's natural human rights. He was simply expressing his outrage towards the government, which is within the jurisdiction of the First Amendment. Another court case, where the 5-4 majority ruled in favor of the defendant was United States v. Eichman in 1980, a year after the Johnson case. “In the case of United States v. Eichman, 496 U.S. 310 (1990), the law was struck down by the same five person majority of justices as in Texas v. Johnson, 491 U.S. 397 (1989).” [Source D] Multiple times in flag burning cases,
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
The American flag not only stands for pride, freedom, and strength but the colors on the flag have a meaning behind them that all Americans should understand. In a description of the flag on a website dedicated solely to the Flag of the United States of America is states "The colors of the pales (the vertical stripes) are those used in the flag of the United States of America; White signifies purity and innocence, Red, hardiness & valour, and Blue, the color of the Chief (the broad band above the stripes) signifies vigilance, perseverance & justice" (US Flag 2005). The flag was not just thrown together to represent the country but also have a true meaning behind them. The stars and stripes on the flag have both an exact meaning but also have the meaning of
It is our duty as American citizens to protect the flag and remind everyone of the freedoms and liberties that it represents. The American Flag is a symbol of hope and freedom in our country. It glides high, reminding us of the freedoms that we have. It gives hope to all of life, liberty, and the pursuit of happiness.
This includes freedom of expression, under which one could conceivably place flag desecration. In 1989, the Supreme Court upheld this first amendment right in the case of Texas v. Johnson. This case established the right to burn a flag is an act of free expression (Ken Paulsen, Trump’s Imaginary Flag Burning Ban). The Supreme Court has twice ruled that burning a flag is a protected form of “free” speech (Kitchener/Cambridge/Waterloo, Burning the U.S. Flag: Wrong, but not Illegal). During the Texas v. Johnson court case, Justice Anton Scalia said, “If it were up to me, I would put in jail every sandal wearing, scruffy bearded, weirdo who burns the American flag.
The American flag has an abundant of meanings. While it has many meanings, each person can interpret it in different ways. It varies from different meanings. It can be a symbol of our freedom, a reminder where America came from, and a symbol for those who have fought for us. To those opposed burning the flag is burning their history.