The Pros And Cons Of The First Amendment

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the government for a redress of grievances. What is symbolic speech, and is it protected by the First Amendment?“Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flagburning” (Khan, n.d.). Most forms of symbolic speech are protected by the First Amendment. There are some cases where forms of symbolic speech are prohibited. According to Cornell Law School “The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence.” “The Right to
In protest, they go to the park, where Homer burns the city flag containing the Great Seal. Bart is wearing a shirt that reads, “Support donuts, Death to the Capital City Health Department! !” Both are arrested. Is their conduct protected by the First Amendment?Yes and no, based on the first part of the First Amendment “It protects the freedom of speech,the press, assembly,” the arrest of Homer and Bart was unlawful as they were exercising their freedom of speech. However, “The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace and cause violence.” When Homer and Bart go to the park and Homer burns the city flag containing the Great Seal and Barts shirt reads “Support donuts, Death to the Capital City Health Department.” Both acts could cause a breach of the peace and could potentially cause violence. In the case of Texas vs.Johnson, “In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag