In doing so, he would be violating his own religious beliefs. As granted by the First Amendment, Phillips’ has the right to do this under both the protection of Free Speech, as cake making is an inherent form of artistic expression, and the Free Exercise clause. The Colorado Court of Appeals understood the artistic quality of cake-making, but claimed that Phillips’ custom cakes did not fall under
The overwhelming answer to this would be absolutely not, lighting trashcans and cars on fire is illegal, so why is it not illegal to burn a flag during your “peaceful” protest? Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia concurring. ‘Johnson was convicted for engaging in expressive conduct. The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,’ said Brennan (A history of the flag
Since due process is how we define the order and the correct way of doing things, this is how it applies: In the Terry versus Ohio case, Terry believe that officers should have probable cause before the officer was able to stop and frisk individuals. Under the Fourth Amendment, officers have the right to stop and frisk without probable cause, meaning the process McFadden used was correct. On the other hand, in Miranda versus Arizona, Miranda had not been informed of his right to remain silent before giving his confession of committing the crimes he had been accused of. In turn his confession was not valid. If the officers had used the correct process and made Miranda aware of his right to remain silent, his confession could have been used in trial.
In Kurt Vonnegut’s book Slaughterhouse-Five he introduces the reader to biblical, literary, and historical references. One of the first references alludes to the Bible. Vonnegut writes about how “Lot's wife… was told not to look back where all those people and their homes had been. But she did look back…[so] she was turned into a pillar of salt”(Vonnegut 21-2). Lot’s wife looked back at the destruction of Sodom because she simply could not help not looking at all of the lives that were taken.
Heller, in which Breyer disagreed with the majority and believed that the District of Colombia, did in fact have full permission to limit handgun laws. In his dissenting opinion, being the pragmatist that he is, Breyer states that the Second Amendment only provides context for militia-related, not self-related defense and concludes this, in turn, means that this amendment does not disable government intervention in pursuing these laws. Because Breyer is not an originalist of any sort, his dissenting opinion is one that tells of this nature and the belief that the Amendments do not provide
In the test “Texas vs. Johnson” states that “the way to preserve the flags special role is not to punish those who feel differently about these matter it’s to persuade them that they are wrong lines 37-39.” This reveals that everyone has a totally different way of showing that they are wrong and it’s not always by punishing them. Furthermore, in the text “America flag stand for tolerance “states in lines 64-67 “more than anything else the flag stands for free expression of ideas no matter how distasteful.” This means that the people can express whatever expression they are feeling and won’t be punished for it, no matter how distasteful. People opinions should matter no matter if they are not the
Confederate Flag This summer the confederate flag that flew outside the South Carolina State capitol was removed. The debate whether they should remove it all started when a white man went to a church and killed nine African Americans with a gun. This man had pictures with white supremacist flags from South Africa and Rhodesia and with the Confederate flag. He also drove a car with a Confederate flag license plate. Because of the Confederate flag, people believed that it looked bad that South Carolina flew the Confederate flag.
Alan Strang grew up in a household with his parents that viewed religion differently. He has one parent who's overprotective and imposes religion on him and his father who is an atheists and rejects religion. I believe this causes a controversy in Alan’s brain to replace the practice of religion with the belief that Equus is god. With his mother bombarding him with bible stories, Alan started to show interest when he bought a reproduction of the Lord on his way to Cavalry. His father hated that Alan had an interest in religion, so he ripped a picture Alan had of jesus and replaced it with a picture of a horse.
flag in The United States and abroad. However; the major limitation in Government prevention of desecration of the flag because of the Supreme Court Case Texas v. Johnson (1989) which ruled that the Government could not create laws against the defilement of the flag because the Supreme Court ruled that it violated the first amendment. To me protecting and ensuring that the flag is properly protected is of extreme importance and I feel as though there should be a government protection of the Flag. It is upsetting that people can freely disrespect the flag as they please because there is nothing that can be done to prevent desecration
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
She posed a “relatively serious” threat to the country and its’ citizens. Issue The issue and question at hand was whether the 1919 Criminal Syndicalism Act of California violated the Fourteenth Amendment. Also, the other question was that did the Criminal Syndicalism Act also violate the First Amendment. Rule of Law- A state can prohibit its citizens from knowingly being a part of or beginning an organization that promotes criminal syndicalism with the First Amendment of the United States Constitution. Analysis – The clear decision of the court was that they did not want anything that
Under the First Amendment there is no exception to hate speech; although, hateful ideas are protected just as other ideas. However, the right to free speech is not absolute. The United State Supreme Court has ruled that the government can ban some speeches that contain “fighting words,” and words that
Hoover had veteran support before the removal of the protestors, after the protest, “Hoover also lost support of the VFW [Veterans of Foreign Wars] and the American Legion, both of which condemned Hoover’s actions in local newspapers throughout the country” (Keaney 2). William R. Rice, the commander of an American Legion post, sarcastically complimented Hoover on revealing his, “sadistic principles of government,” to the nation (Lisio 39). Additionally, the Veterans Central Rank and File Committee, ridiculed the unjust treatment of the protestors, stating, “We got bullets in 1917. Many of us [veterans] were maimed and crippled for life. In 1932 we get the bullets and gas of the police, as we did in Washington, and the troops, which Hoover called put against us.
It is an expressed opinion that is protected by the First Amendment in the Bill of Rights of the Constitution. Johnson had full rights to burn the flag and say whatever he wanted about it or the government and it was his freedom to do so. Even though it is morally wrong and usually an unacceptable behavior, I believe that the Court did the right thing. They had to put aside personal beliefs and values and interpret the Constitution the way it was written even if it allows people to be a disgrace to the country itself. If the decision had gone in opposition to Johnson, there would have possibly been many upsets concerning people or groups that are very strong supporters of the freedoms that the
Ali became one of the most hated people in the United States of America for protesting going to Vietnam. He was called to the courts to have the issue solved. Many people were surprised and upset that he did not want to fight for the country he was born, but the people did not have a real clue of why Ali was protesting the Vietnam War. Colin Kaepernick, with all of the recent killings of African-Americans in the United States, decided to sit during the National Anthem. He did this for the first two preseason games unnoticed.