The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them. The plaintiff’s argument was that the student’s suspension was unconstitutional and the confederate flag is a part of his heritage. The district court ruled the school’s dress code policy unconstitutionally
The rule violates the proposition that students have a fundamental right to participate in extracurricular activities. (Bell v. Lone Oak Independent School District, 507 S.W.2d 636)
The Supreme Court ruled that to let Congress make that a law you would have
The first case of the day that was heard by the Supreme Court on December 13th was Texas v. Johnson. Gregory Lee Johnson, a member of the Revolutionary Communist Youth Brigade, led a protest at the 1984 Republican National Convention in Dallas to protest Ronald Reagan’s reelection. During this protest, Mr. Johnson soaked an American flag in kerosene and proceed to burn it. Mr. Johnson was then arrested and charged for violating the Texas state law that prevented the desecration of a venerated object. The proceedings began with statements from the petitioners who claimed that precedent cases such as US v. O’Brien (1968), which deemed that the burning of draft cards was an invalid form of free speech, and Boos v. Barry (1988), which reinforced
A case involving After the civil war, Congress passed the Reconstructions Acts of 1867. President Johnson vetoes the legislation, but congress overrode his veto and the acts became federal law. In response, Mississippi sued President Johnson asking for an injunction to prohibit him from enforcing the laws. Mississippi argued that the president should not be and is not above the law. The president was preforming a ministerial action because there was not an exercise of discretion in carrying out an act of Congress. President John argued that the Court should not interfere and tell him what his duty is and compel him to preform it; the president is beyond the control of any other branch
Texas v. Johnson’s tone is formal and serious. This tone fits the context because the Court is the people writing the document. The court does their best to not offend anyone in the document so as to get the information out without causing a riot. The American Flag Stands for Tolerance’s tone is more colloquial so as to reach the same level as the readers. The writers of The American Flag Stands for Tolerance wrote this document, using the opinions of the people so as to reach out to the readers. These are examples of tone being affected by context in the documents Texas v. Johnson, and The American Flag Stands for
New York case, the Supreme Court decided that New York and any other state were not justified to charge someone for speaking negatively about the flag. In addition, in a precedent case in 1969, the Supreme Court of Brandenburg v. Ohio ruled that even though Brandenburg was a member of the Klu Klux Klan, he was able to present a speech at a rally. Granted, the first amendments forbids speech it is primarily spoken to encourage or commence any type of crime. In like manner, in Texas v. Johnson, though burning the flag was impressed as disrespectful to some people, no laws or amendments were corrupted. In 1943, a precedent court case Brown v. Board of Education allowed students to not salute the flag. Many people believe that if the argument is that desecration of the flag is ruining a national symbol, not saluting the flag is of the same disrespect. Precedent court cases have all stayed on the same line of judgement to say that it is constitutional for desecration of the flag to fall under symbolic
In the year 2006, the Stolen Valor Act made it illegal to make medals of Honor. The case brought forth to us describes issues brought about by this act. In United States v. Fields, Abel Fields attended a meeting where he proclaimed that he had military experience, and that he earned a Purple Heart. He had made false statements, and in turn was convicted, and had to pay a $1,000 fine. Fields felt that his First Amendment rights had been violated. He appealed his case to the court of appeals. He argued that it was okay to falsify his claims, because he they were about him. He didn’t harm anyone in lying about himself. The court of appeals overturned his conviction because they thought the Stole Valor Act was unnecessary.
Symbols mean a lot, and when one represents a whole country a lot of controversy can surround that symbol; In this case, the flag of the United States is an important symbol that stands for many things. Some people put the flag of the United States on a pedestal, they look up to the flag, and value it, so when someone desecrates the flag they get infuriated. On the other hand, some people see the flag as a symbol of our freedom that supports the First Amendment which allows us to disrespect the flag if we want to. For many years controversy has surrounded flag desecration and one of the most famous cases surrounding the topic would be Texas v. Johnson (1989): This case focused on Gregory Lee Johnson and if his act of flag burning was “symbolic speech” protected by the First Amendment--They
Gregory Lee Johnson was convicted of burning the flag in violation of the Texas Law. After a march, he burned the flag in protest during the 1984 Republican National Convention. No one was hurt during this demonstration. Cornell University stated in an article, “Johnson was convicted of desertion of a venerated object in violation of Texas statute.” Johnson's actions were protected by the First Amendment so he was not sent to prison as stated in the United States Supreme Court case Texas v Johnson. His actions against the flag should have been more severe. Since Johnson’s actions were not threatening the branches of peace, there was no threat in the moment. “... and since the
"In controversial decision, the supreme court, by the closest possible margin of a 5 – 4 vote... a person has the right to burn the nations flag." (Page 18 Lines 1 – 3) And "It is, thus, no surprise that the first amendment is where it is in the bill of rights, for it is first in importance." (Page 19 Lines 33 – 34). People could not all agree to let this man go free. All though burning of the flag is protected by the first amendment, meaning anyone has the right to burn the flag.
The period the affiants were involved in observing, documenting and piecing together different parts of evidence necessary to form a probable cause as to the conduct of the suspects is sufficient and meets the test of “acting in good faith” to obtain the warrant to search the person of the defendant and vehicle and are not in any violation of the defendant fourth amendment right to privacy.
During the 1950 life for Mexicans was really difficult, they were not considered intelligent, they were considered invisible. They were not allowed in some parts like restaurants, movie theaters and other parts. But things changed by the early 20th century, they were now considered white by law, largely owning to the treaty’s grant of American citizenship. But still their status has citizens didn’t meant a lot. In 1954 the Supreme Court’s ruling in Hernandez v. Texas extended more rights to Latino citizens. The case ended the exclusion of Mexican Americans from juries in Texas. The Hernandez v. Texas was a turning point case; it was the first and only Mexican American civil rights case that was decided by the
The Articles of Confederation was created in 1777. The document was created by 55 delegates from all thirteen states. The Articles of Confederation loosely unites all the states but contains many flaws. The delegates all agreed on creating one branch of government. The legislative branch also know as Congress, but that did not face the give the government a lot of power. “Congress didn 't have power to create tax, draft troops, stop states from printing their own money, they couldn 't make tariffs, and there was no chief executive” (Enotes Martin Murphey) those were some flaws in the Articles of Confederation, Congress had limited power making the United States weak. For those following reasons the
Although the first amendment guarantee’s freedom of speech, the guarantee is not absolute. There should be an expectation to the first amendment. Another aspect of freedom of speech is expressive conduct (such as flag burning). The supreme court has grappled with whether laws banning expressive conduct are permissible under the first amendment. This court is in favor of Texas because, is it not right to burn a flag, with military people died to protect our flag, it is a symbol of freedom, and it will cause more problems in the world.