Case Briefs

TEXAS v. JOHNSON SUPREME address OF THE join STATES 491 U.S. 397 March 21, 1989, Argued; June 21, 1989, Decided adjectival accounting: The Court of Appeals for the Fifth District of Texas at D every(prenominal)as keep up the constitutionality of mandates in question. Texas Court of Criminal Appeals reversed. Supreme Court of the join States give certiorari. FACTS: In 1984, while the Republican National conventionality was fetching place, appellant Johnson burned an American wilt in face up of Dallas City Hall in remonstrance to the policies of the Reagan administration. Johnson was charged with misdemeanor of a Texas enactment against the desecration of a venerated object. The appellant claimed statute was in violation of his stolon Amendment rights to symbolical speech. The state countered with the interests of preserving the flag as symbol of national consistency and preventing breaches of peace. ISSUE: Does the Texas statute against the desecration of an Amer ican flag bollix up a saved form of speech under the First Amendment? HOLDING: Yes. Texas statue is a violation of the First Amendment. Affirmed. Rationales from Brennans majority opinion: R1: harmonize to the Court, the law did non outlaw a deportment hardly an port. Expression is a form of speech that is protect by the First Amendment.

R2: Audience taking offense to expressions or ideas does not justify bans of speech, as the Court found. The Government cannot nix the expression of an idea simply be own society finds the idea itself criminal offense or disagreeable. Rehnquist dissent: The uniquene ss of the flag is just cause for the govern! ance to prohibit the act of flag burning. The First Amendment does not tell the right to employ every conceivable method of colloquy at all times and in all places, as decided in City Council of Los Angeles v. Taxpayers for Vincent. SAFFORD v. REDDING SUPREME COURT OF THE UNITED STATES 577 U.S. ___ April 21, 2009, Argued; June 25, 2009, Decided PROCEDURAL HISTORY: The...If you want to beat back a plenteous essay, order it on our website: OrderCustomPaper.com

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