The Opposing case of Texas v. Johnson - 1218 Words

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? Shouldnt 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 symbo l that exemplifies our nation. Justice Stevens, who disagreed with the majority’s argument, states in his dissenting opinion that: â€Å"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 disrespectingShow MoreRelatedThe 1st Amendment : The Rights Of The First Amendment1572 Words   |  7 PagesHistorically, as demonstrated in cases such as Hazelwood v. Kuhlmeier, the U.S. Supreme Court, as well as the government in general, has well-upheld this amendment, but starting sometime in the second half of the 20th century, they are slowly embracing it less and less, as demonstrated in cases such as Texas v. Johnson. The recent hostility towards the First Amendment demonstrates that its rights are in danger. The 1969 ruling of Tinker v. Des Moines is an example of a historic case where the Supreme CourtRead MoreOver The Past Several Decades There Has Been Numerous Discussions991 Words   |  4 Pagessome cases the state’s legal code may constitute unlawful and infringing on one’s constitutional rights and the case can be appealed. This happened in the 1989 landmark U.S. Supreme Court case Texas v. Johnson. Gregory Lee Johnson challenged Texas state law claiming that his conviction was unconstitutional, and that his first amendment right to free speech were infringed upon. In 1984, Gregory Johnson burned the American flag outside the Republican National Convention in Dallas, Texas (U.S.Read MoreAffirmative Action and Higher Education Admissions Essay1664 Words   |  7 PagesEqual Employment Opportunity was created to ensure that hiring and employment practices are free of racial bias. 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The Needville School Board of Texas is a perfect example of the harsh opposition felt byRead MoreHow The Freedom Of Speech And Its Interpretation Affects Public And Government Employees1516 Words   |  7 Pages(e xcluding real criminal intent, true social harm, or social danger) even â€Å"hate speech† is protected under the First Amendment as long as it does not present â€Å"imminent danger† as exemplified in the outcome of a supreme court decision in 1991. (R.A.V. v. City of St. Paul, 1992.) Moreover, the Freedom of speech protects not only what we say, but also omissions as well as any voluntary expression, verbal communication, written word, and participatory activity. Over the course of our nation’s historyRead MoreShould Abortion Be Legal?1482 Words   |  6 Pagesbill did not include a health exception. Several states tried to change their laws to allow it and, in 2004, a federal judge declared it unconstitutional because of the lack of a health exception. Joseph B. Tamney, Ronald Burton and Stephen D Johnson collectively wrote The Abortion Controversy: Conflicting Beliefs and Values in American Society in the Journal for the Scientific Study of Religion which said, â€Å"The public’s division over abortion begins with conflicting views on personal freedomRead MoreThe American Flag: More Than Just a Piece of Cloth3674 Words   |  15 Pagesunconstitutional during the Johnson verses Texas case. During the 1984 Republican National Convention, Johnson took part in a â€Å"political demonstration to protest the policies of the Reagan administration and some Dallas-based corporations† (Texas v Johnson). Johnson burned an American flag after he marched through the streets, while other protesters chanted. No one was physically injured or in danger of injury, although several witnesses were seriously offended by the flag burning. Johnson was convicted of