Texas v. Johnson Essay - 1628 Words

Texas v. Johnson (No. 88-155). Argued: March 21, 1989. Decided: June 21, 1989 In 1984 the Republican National Convention was held in Dallas, Texas. While there, a group of protesters, opposed to President Reagans reelection, burned an American flag. Specifically, Greg Johnson was seen dousing the flag with kerosene and lighting it on fire. Johnson was arrested under a Texas flag desecration law. He was convicted and sentenced to one year in jail and fined $2000. The State Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed the decision. The court first found that Johnsons actions were protected under the free speech clause under the†¦show more content†¦The act for which appellant was convicted was clearly speech contemplated by the First Amendment. The court also stated that, Recognizing that the right to differ is the centerpiece of our First Amendment freedoms, the court explained, 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 when it cannot mandate the status or feeling the symbol purports to represent. The Supreme Court found that the states first interest of preserving the flag as a symbol of national unity was not made. The state had not shown that the flag was in danger of being stripped of its symbolic value, the Texas court also decided that flags special status was not endangered by Johnsons actions. The court also concluded that that the flag-desecration statute was not drawn narrowly enough to encompass only those flag burnings that were likely to result in a serious disturbance of the peace. The flag burning in this particular case did not threaten such a reaction. There were only a few witnesses to the act that stated that they were upset with the action but were not harmed in any way. There was no breach of peace nor does the record reflect that the situation was potentially explosive. Just because someone wasShow MoreRelatedEssay on Case Analysis Texas V. Johnson1292 Words   |  6 Pages________________________________________ 491 U.S. 397 Texas v. Johnson CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS ________________________________________ No. 88-155 Argued: March 21, 1989 --- Decided: June 21, 1989 This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the AmericanRead More texas v. johnson case brief Essay487 Words   |  2 Pages U.S. Supreme Court TEXAS v. JOHNSON, 491 U.S. 397 (1989) 491 U.S. 397 Citation: nbsp;nbsp;nbsp;nbsp;nbsp;Johnson was convicted of desecration of a venerated object in violation of a Texas statute. Date Decided: nbsp;nbsp;nbsp;nbsp;nbsp;June 21, 1989 Facts of case: nbsp;nbsp;nbsp;nbsp;nbsp;At the 1984 Republican National Convention in Dallas, Texas, Johnson decided to burn an American flag in protest of some policies made by the Reagan administration and some Dallas corporationsRead MoreTexas V. Johnson. The Case Texas V. Johnson Happened In774 Words   |  4 PagesTexas v. Johnson The case Texas v. Johnson happened in 1984, Gregory Lee Johnson burned an American flag to protest President Ronald Reagan in front of the convention center in Dallas, Texas. He was a member of the Revolutionary Communist Youth Brigade (Texas v. Johnson in 1989: Summary, Decision Significance, Stephen Benz). During the 1984 Republican National Convention, he participated in a political demonstration. The demonstrators were protesting the policies of the Reagan Administration.Read MoreThe Case Texas V. Johnson782 Words   |  4 PagesAngel Deng Ms. Crouse US Government Period 6 Texas v. Johnson The case Texas v. Johnson happened in 1984, Gregory Lee Johnson burned an American flag to protest President Ronald Reagan in front of the convention center in Dallas, Texas. He was a member of the Revolutionary Communist Youth Brigade (Texas v. Johnson in 1989: Summary, Decision Significance, Stephen Benz). During the 1984 Republican National Convention, he participated in a political demonstration. The demonstrators were protestingRead MoreDiscussing Texas V. Johnson Essay1632 Words   |  7 PagesDiscussing Texas v. Johnson This paper will dive in and analyze the decision of the U.S. Supreme Court in the case, Texas v. Johnson, and the still active controversy among the public concerning what circumstances state governments and the federal government have the right to constitutionally prohibit the burning or other form of desecration to the American Flag. Under its decision in Texas v. Johnson the later ruling in the case of United States v. Eichman, in 1990, the Supreme Court had ruledRead MoreThe Opposing case of Texas v. Johnson1218 Words   |  5 PagesCourt’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 critici sm that Texas v. Johnson has been faced with; most of whichRead MoreCase Analysis : Texas V. Johnson Essay801 Words   |  4 PagesElloheim Tucker CRJ 201 Fall 2016 Dr. Cretacci I. Name: Texas v. Johnson II. Legal Citation: 491 U.S. 397 (1989) III. Statement Facts: The respondent was involved in a political demonstration where he had drenched the American flag with kerosene and lit it on fire. Respondent was charged and convicted of the illegal act of desecration of the flag. The criminal appeals reversed the conviction and said that petitioner could not prosecute the respondent for burning the flag as a part of politicalRead MoreIs Flag Burning Protected By The First Amendment?1617 Words   |  7 PagesFlag burning is a controversial topic and a topic that has been debated on for decades. I will begin this paper with some background on flag protection and conclude with an analysis on the Supreme Court decisions made in the cases of Texas v. Johnson and United States v. Eichman, which both struck down state and federal flag protection laws. While the act of flag burning is legal for the time being, the legality and future of flag burning is very much still in question because of there are individualsRead MoreThe Flag Of The United States903 Words   |  4 Pageslaws only lasted until 1989, because  in 1989, in the Texas v Johnson case,  the United States Supreme Court recognized that flag desecration as a form of symbolic political speech that is constitutionally protected by First Amendment and agreed that the â€Å"government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable†( ). In 1984, during the Republican National Convention in Dallas Texas, a group of protesters gathered to stage a politicalRead MoreSpeech Free Speech On The Freedom Of Speech1380 Words   |  6 Pagescontroversial topic and a topic that has been debated on for decades. I will begin this paper with some background on flag burning and conclude with an analysis on the Supreme Court decisions made primarily in the cases of Texas v. Johnson 491 U.S. 397 (1989) and United States v. Eichman 496 U.S. 310 (1990), which both struck down state and federal flag protection laws. While the act of flag burning is legal for the time being, the legality and future of flag burning is very much still in question