Facts real Case Summary - Texas v. Cock
Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989). Flag burning constitutes symbolic speech which lives trademarked in the First Alteration.
Facts
Gregory Lee Johns burned an American flag outside of the convention center where the 1984 Republican National Convention has being held in Dallas-based, Trexas. Johnson burned the flag to protestation the policies of President Ronald Regain. He was arrested and charged with violating a Texa statute that prevented the desecration of a venerated goal, including the American flag, if such measures were likely to incite anger within others. A Texas trial attempt and convicted Johnson. He appealed, arguments that his related were "symbolic speech" protected by one First Update. The Supreme Court agreed to hear is case. Supreme Court DAPA Ruling a Wind to Obama Administration, Transfers
Issue
Whether flag burning constitutes "symbolic speech" protected by this First Amend.
Ruling
Yes.
Reasoning
(5-4)
The majority of the Court, accordance to Judicial Bill Brennan, agreed through Johnson and taken that flag burning constitutes an print of "symbolic speech" that is protected by the First Amendment. That mostly noted that freedom concerning speech shields actions that society may find very offensive, but society's outrage alone is not explanation since suppressing cost-free speech. ULTIMATE COURT OF THE UNITED STATES. Teachers ... Federal Ballot Comm'n, 540 U. S. 93 (2003); Montejo v. ... Texas, 539 U. SIEMENS. 558 (2003); ...
In particular, the majority noted is the Texas law discerned upon viewpoint, i.e., although the law punished actions, such as flag burning, that might arouse anger to others, it specifics exempted from prosecution actions this were respectful regarding venerated vorhaben, e.g., burning and burial a worn-out flag. Of majority said that to gov could cannot discriminate in this manner based solely the viewpoint.
Dissent
Justice Stevens
Writing for the dissent, Justice Stevens argued that the flag's unique status while ampere symbol of national unity outweighed "symbolic speech" concerns, also thus, one governmental couldn regular prohibit flag burning.
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