Preview

Texas vs Johnson

Good Essays
Open Document
Open Document
441 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Texas vs Johnson
Texas vs Johnson

The U.S code does state that the burning of the flag is illegal, however the United States Supreme Court has upheld, several times, that the burning of the the flag is a protected form of speech. This causes much controversy, and is still being argued to modern day. When one sees the flag burning, they believe it to be a representation of the American country and it's values. Those who support the flag believe that the symbol is sacrosanct and that there is never a justification for it. However, America on many occasions has implemented it's freedom of speech, and believes it is that freedom that separates them from much of the world today. If someone is allowed to hang the flag on the front of their house for all to see, then someone wishing to burn the flag should also have the right to do so, even if the consequence is offending their extreme patriotic neighbors. If these two opposing sides are not able have equal freedom as one another, then we as Americans have failed what we so passionately stand for. Freedom of speech would only be justified as long as it did not ruin the image of America, making America nothing more than a dictatorship.

Texas vs Johnson was one of a series of flag desecration cases challenging state and federal statues prohibiting the burning of the American flag. The court said, "Recognizing that the right to differ is the centerpiece of our First Amendment freedoms, a government cannot mandate by fiat a feeling of unity in its citizens. Therefore that very same government cannot carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol . . ." The court also concluded that the flag burning in this case did not cause or threaten to cause a breach of the peace. The supreme court all knowingly knew that putting Mr. Johnson in jail would not only cause suspicion as to why one was not allowed to have an opinion opposing the American culture, but to what kind of

You May Also Find These Documents Helpful

  • Good Essays

    So it's common that they surmise that desecrating the flag by setting it ablaze isn't right. Basically, they imagine that they are wearing the flag on their garments and slapping it on guard stickers all over the place is correct. Be that as it may, the legislature acts as though they have better things to do than to toss us behind bars for wearing Old Navy T-shirts or tossing out our patriotic paper plates and mugs after a fourth of July party or utilizing our flag stamped bathroom tissue. Should the legislature care more about what has been done to our national symbol? I think so. Screenwriter Aaron Sorkin of The American President movie and each one of those individuals who trust that setting the flag on fire is secured by the right to speak freely are correct. Our U.S. Flag Code ought to stick to how and when the flag is shown, not to promote a desecration. Others are stating that the image of our opportunity is more imperative than the flexibility it symbolizes—and that is not the American way. As Lee Greenwood sings in his song “God Bless the U.S.A.,” “I thank my lucky stars to be living here today, ‘cause the flag still stands for freedom and they can’t take that away”…

    • 957 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Johnson case, the Supreme Court sided in the end that a person as a citizen of the…

    • 1025 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The respondent was convicted in Dallas County Criminal Court of desecration of a venerated object in violation of a Texas statute. He was sentenced to one year in prison and fined $2000. The respondent appealed his conviction through the Court of Appeals for the Fifth District of Texas. They affirmed the decision of the lower court. The respondent then petitioned for discretionary review by the Texas Court of Criminal Appeals. This court then reversed the decision finding Johnson’s flag burning to be “symbolic speech” protected by the First Amendment. Certiorari was granted. The case went to the Supreme Court.…

    • 969 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When the Dred Scott case came before the Supreme Court, Chief Justice Roger B. Taney was one of the five justices from states where slavery was legal. These five justices were the majority on the court, and believed that although the Missouri Compromise existed, a slave owner had the right to take his slaves anywhere he wished without fear that someone would remove his property from him. It was their feeling that regardless of the fact that Dred had lived in so called “free states,” he was still his owner’s property.…

    • 213 Words
    • 1 Page
    Good Essays
  • Good Essays

    Terry vs Ohio

    • 986 Words
    • 4 Pages

    Terry vs. Ohio is a landmark case that was brought to the Supreme Court. It started on October 31st, 1963, in Cleveland, Ohio, when a police officer named Martin McFadden observed two men standing outside a store front window. He watched one of the men walk down the street pausing to look into the store window when he reached the end of the street the man turned around and proceeded to walk back, pausing at the same store front window. Upon reaching the other man, the two talked. The other man then made the same trip down the street, pausing to look in the same store front window. A third man then joined the other two men at the corner. They talked and then the third man left. The two men then returned to the ritual of walking up and down the street. McFadden then followed the two men, and watched as they met up with the third man in front of the store. At this point, Officer McFadden walked up to the men, identified himself as a police officer, and asked for their names. He asked the first man, Terry, to turn around. He frisked him, and, feeling a pistol inside Terry's overcoat, he ordered the three men into the store. Terry and the second man Chilton was charged with possession of a concealed weapon, and were each sentenced to a three-year term in prison.…

    • 986 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti – Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventing the breach of peace; consider the flag a symbol of national unity. At Johnson's court trial, he was convicted of aiding, abetting and encouraging the burning of the Texan flag. This, in turn, made Johnson guilty under Texas state law.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Texas V Johnson was a supreme court decision involving Gregory Lee Johnson and the state of Texas. This decision happened in 1989 on June, 21. The court ruled that flag burning is protected under the first amendment therefore it is not considered illegal. This decision is important because it sets a precedent for the future of protest and free “speech” including non-oral speech in the first amendment. I am interested in this case because I believe flag burning should be illegal and punishable by jail which is opposite of the ruling in this decision. I am interested in learning the other side of the argument and expanding my knowledge beyond just my opinion. (Texas v Johnson, Wikipedia)…

    • 575 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Barnette asked the federal district to stop enforcement of the requirements of the patriotic exercises. A three-judge panel granted Barnette’s request. Judge John J. Parker stated that the flag-salute requirement was “violative of religious liberty when required of persons holding the religious views of the plaintiffs.” After the board’s decision, no more Jehovah’s Witnesses were expelled from schools for not saluting to the flag. The decision was then appealed to the U.S. Supreme Court and by a 6-3 vote they ruled that it was unconstitutional for public school officials to require students to salute and pledge allegiance to the flag at the risk of expulsion from school on June 14th, 1943. “The Barnette Court couched its decision in language evoking freedom of speech. The choice to salute the flag was speech, the Court said, and the First Amendment protected individuals from compelled speech. It almost did not matter that the Jehovah's Witnesses had religious objections to pledging allegiance to the American flag; neither they, nor anyone, could be forced to verbally espouse beliefs they did not…

    • 1428 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Gregory Lee Johnson’s act of burning the American flag was not verbal communication.The United States Supreme Court ruled it as expressive conduct allowing it as the 1st amendment. In the case of Texas vs. Johnson, the United States Supreme Court leaned on Gregory Lee Johnson’s side, stating that this was an act of the first amendment under the United States Constitution. Gregory Lee Johnson’s charges and fines were dropped. The court case, Texas vs. Johnson closed on June 21, 1989. Shortly after the case of Texas vs. Johnson the United States Congress passed the, Flag Protection Act of 1989. The Flag Protection Act of 1989 rules that the government's interest in preserving the flag as a United States symbol is not more significant than the individual's First Amendment right to disrespect the American flag through expressive…

    • 1274 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Today the Tinker Standard is still used by many thousands of students to justify displaying the confederate flag in school, among other things. They are forced to use the Tinker Standard for this purpose because many schools won’t let students wear clothing or apparel displaying the confederate flag due to its history as a symbol of racial discrimination, for fear it will incite arguments among students and disrupt the learning environment. However, students often argue that the confederate flag is a symbol of southern pride and that by wearing it they are merely paying respect to their heritage. In cases regarding the issue of whether bans on the confederate flag infringe on the rights of the students, of which there are many, the courts are often inconsistent. This can be seen when comparing the decisions of the Supreme Court in the Tinker case and of the US 11th Circuit Court of Appeals in a case presented by two Santa Fe High School students against the…

    • 567 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Wanting to keep the flag around for heritage reasons in museums and places that preserve past flags is completely okay. Whenever it comes to wearing the flag or flying it on important buildings under the American flag is where it becomes inappropriate. Coski (2005) states that in the 1980s the NAACP tried to rally or annul the use of the Confederate Beauregard Battle Flag in states and emblems. Coski shares my current opinion that Southern states should not banish the Beauregard Battle Flag but yet try to understand that its role and meaning are different for different groups of people. The flag should just be retired to museums.…

    • 877 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Many states have laws in place that punish those who mistreat the American Flag. This goes from burning to various other activities that some may find rude and uncalled for. In this newspaper for Illinois, Mercer describes the numerous amounts of cases all around the United States where people have been jailed for such acts. While this is a newspaper, this view was that it should not be against the law to burn flags.…

    • 74 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    This to me just feels like one thing that I cannot waiver both points because I understand patriotism, but when it represents a war over using other human beings, like you and I, for back breaking, hard, horrible, and dirty labor, it just seems unfair to those it offends. In this instance, not only do I decide that it is the state’s right to decide, but that in my honest opinion, that the Southern Confederacy flag shall not be flown in this great nation because of what horrifying events it…

    • 520 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Over history there have been hundreds of thousands of flags that have been brought into history, such as the original 13 star American flag or the maple leaf stamped Canadian flag. Flags have been a sign of peace and freedom in the world since they were created. Nothing in history should be banned for a reason that was never truly given. Even if something is banned, those who really care about it will remember it forever. History is history and, whether you like it or not, it will never be changed.…

    • 883 Words
    • 4 Pages
    Good Essays
  • Better Essays

    A state legislator in Maryland, John Merryman, was arrested for attempting to stop Union troops from going from Baltimore to Washington. His attorney immediately attempted to use the writ of habeas corpus. This was so the federal court could examine the charges. However, President Abraham Lincoln took the action into his own hands and chose to suspend the right of habeas corpus. Because Lincoln made this decision, the general in command of Fort McHenry refused to turn Merryman over to the authorities. This is extremely controversial because federal judge Roger Taney, the chief justice of the Supreme Court, delivered a ruling that President Lincoln did not have the authority to suspend habeas corpus. However, Lincoln still didn’t respond, appeal, or order the release of Merryman. During a July 4 speech, Lincoln insisted that he had to suspend the writ of habeas corpus in order to stop the rebellion in the South. Because of this ruling, many people pair this with the Emancipation Proclamation because they came around the same time. People consider this proclamation to be unconstitutional, but was a needed act for the time…

    • 1580 Words
    • 7 Pages
    Better Essays