Introductory paragraph
“The flag is one of the most recognizable symbol of the United States.”
During the case of Johnson vs. Texas, I believe that Johnson was exercising his rights to free speech but I truly think that he should have done it somewhere else then a public square, someone could have gotten hurt by the flames of the burning flag, or Johnson could have gotten hurt because he was burning the flag around people who love the United States flag. I agree with the fact that Johnson was sentenced to 1 year in jail, he burned the Flag in Texas and in Texas they have a desecration law of violating the flag. From my own point of view, I think Johnson wasn’t exercising his rights to free speech but, he did it in the most absolutely
The case of California v. Greenwood involves police who were investigating a potential drug trafficker, Greenwood. The police, who were acting on information that suggested that Greenwood could possibly be engaged in narcotics trafficking, obtained trash that Greenwood had left on the curb in front of his home. Considering the trash included items indicative of narcotics use, the police then obtained warrants to search Greenwood’s home, discovered controlled substances during their searches, and subsequently arrested respondents on felony narcotics charges. The issue in this case was whether the Fourth Amendment prohibits the warrantless search and seizure of trash left for collection outside the curtilage of a home.
The general argument made by author William J. Brennan in his work, “Majority Opinion,” is that it is legal to burn the flag if it is a form of political protest. More specifically, Brennan argues that we can not criminally punish people for burning a flag: the only thing we can do is convince them that they are wrong. He writes that they only thing we can do is “ Persuade them that they are wrong.” In this passage, Brennan suggests that criminally punishing a person for burning the flag will decrease the values of the flag by opposing the First Amendment. In conclusion, Brennan’s belief is that we should not punish people for burning the flag, but convince them that they are wrong.
The Court ruled that yes, burning an American flag was symbolic
Arriving at the Dallas City Hall in 1984, demonstrator Gregory Lee Johnson doused the American flag with kerosene and set it ablaze (Texas v. Johnson). All through history, protestors have participated in many different actions to get their point across. The question stands: Have protestors gone too far by burning the flag? The flag is a national symbol, but by burning the flag a person is not harming the country in any way: therefore flag burning should not be illegal. Flag burning has been used to portray a protestor’s strong, negative feelings towards the American government.
A 5-to-4 decision held that Johnson's burning of a flag was protected expression under the First Amendment and all charges were dropped. In response to this ruling Congress passed the Flag Protection Act Of 1989. “The act states that ‘whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.’ The act does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled." (1989).
The author states on lines 37-39 "The way to preserve the flag special role is not to punish those who feed differently matter. It is to persuade them that they are wrong." Because of this we can't punish or treat others differently because of what their opinions/beliefs we can only try persuading them without offending. Second, on lines 40-43 for "American Flag Stands for Tolerance" it states "My point is that freedom of conscience and expression is at the core of ourselves conception and requires the rejection of official dogma." This demonstrates that having freedom could cause people rejection which people won't think the same and could lead to disagreements.
CRJU 1068 Should desecrating the American flag be illegal? The American flag is so loved because of what it represents; the land of the free. Unfortunately, that freedom also includes the ability to use or abuse that flag in protest.
The law in Texas at the time banned flag burnings. He was convicted, and the case was appealed to the Supreme Court. We ruled that Johnson’s right to free speech had been violated. He was expressing symbolic speech. We ruled that even though an opinion is unpopular, doesn’t mean we have the right to restrict his freedom of
In another article, Judge: man won’t be prosecuted for flag ‘desecration’, I found this quote “Allegheny Township police charged Brubaker with two flag desecration crimes. Maliciously hanging or taking down a flag and mutilating a flag.” I understand that this isn’t against the law, but I also feel the actions from the 2 different men were very wrong. I feel like people should never do this because it is like they are trying to express they hate America and hate being an American. The last reason why the flag should be protected from desecration is because it is a symbol of how amazing of a country the United States really
The colors red, white, and blue all have a great significance in America; hence it represents Old Glory and symbolize the liberties of the nation. All, in which, with blood, tears, and sweat were fought for. However, when it comes to burning the flag, is it considered a sign of disrespect and hatred towards all the sedulous founding fathers that brought upon this nation? “Freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition” are all part to the First Amendment to the part of the United States Constitution and the United States Bill of Rights. Therefore, when mentioning the burning of the American flag, the action is fully supported under freedom of speech and expression.
However, the ban did not address the other issues dealt with by the state flag desecration laws. Gregory Lee Johnson convicted for burning a flag in protest against President Ronald Reagan's policies in Dallas, Texas in 1984 under Texas' flag desecration statute. (Hall, 2014) Congress opposed Johnson decision by passing the
The Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment
According to Texas v. Johnson, 2009, “The court ruled 5 to 4 that Johnson's act of flag burning constituted expressive conduct protected as free speech under the First Amendment to the U.S. Constitution” (para. 4). This created a big reaction amongst politicians and a law was passed that made desecrating the flag a federal
People have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.
Stop Burning the American Flag! Ronald Reagan once said, “When we honor our flag we honor what we stand for as a Nation - freedom, equality, justice, and hope.” The Texas v. Johnson case is a vast problem that seems to be overpowering in today’s society. Since the case began there have been flag burnings all over the country, and no one seems to be concerned since people are not getting disciplined. People should not be burning the flag that so many people fight and lost their lives for.