Texas V. Johnson (1989) Essay

869 words - 4 pages

In 1984, there was a protest in the streets of Dallas; Gregory Lee Johnson was one of the many protesters there. During the protest Johnson set an American Flag on fire. There were some who agreed with what Johnson had done, but there were several others who felt extremely offended. This caused Johnson to go to court When Johnson went to court he was found guilty and was charged with "the desecration of a venerated object.”, and was sentence to a $2,000 fine, and one year in prison. Jonson should have not gone to court in the first place because what he had done was protected under the first amendment, the freedom of speech and the freedom of assembly.
In the first amendment it states that there should be no law against the freedoms of speech. Protesting is one form of speech, also is the burning of the flag. Johnson was expressing himself as he was burning the flag. However, there is a limit though. If what you are saying, or doing, disturbs the peace, or puts harm in someone’s way, then it is not protected under your first amendment. . During court Mr. Kunstler stated, “Whether the actor knows or means that what he’s doing will seriously offend one or more persons, likely to observe or destroy or discover his particular act.” The Government, nor the person, cannot always know if the burning of an American flag would cause a riot every single time; furthermore, if someone burns an American Flag, and does not cause a riot, it would not be violating the first amendment the constitution sates “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.” Meaning there cannot be a law against: religion, speech, press, or to protest or to assembly,
The second wronging was, not only did they arrest him for burning the American flag, but also for being involved in the protest.. “Congress shall make no law respecting, the right of the people peaceably to assemble, and to petition” (Constitution) The constitution basically states that there should not be a law prohibiting the freedom of petition or assembly. Beside the fact they already violated one part of the constitution, but now had violated two pieces of the constitution. The freedom of assembly. I think we all have should have the right to protest when we think something needs changing. That was exactly what Mr. Jonson was doing. If they take that right away we would be back to a monarchy.
The third wronging of this case was that there was...

Find Another Essay On Texas v. Johnson (1989)

Gregory Lee Johnson's Freedom Court Case

1107 words - 4 pages cannot be allowed based on the circumstance but should exist in all viewpoints from every aspect. (Oyez). The fault in both cases was that the first amendment cannot exist sometimes, it has to exist all the Time that’s why I agree with the Supreme Court ruling and this is how this court case helped society today. Works Cited 1. Texas v. Johnson. No. 88-155. Supreme Ct. of the US. 21 Jun. 1989. Web. 2. United states v. Eichman. No. 89-1433. Supreme Ct. of the US. 11 Jun. 1990. Web.

Flag Burning Essay

1330 words - 5 pages Flag Burning Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas

American Desecration or Legal Articulation?

1037 words - 5 pages express him/her in a way that he/she each sees fit and upholds the integrity of each person’s individual personality and individuality. The Texas Court of Criminal Appeals decision in Johnson’s favor benefits the interests of all by protecting the first amendment right. In the case of Texas V. Johnson, I rule in favor of Johnson for the following reasons: Freedom of speech, protecting individual rights from government interference, and protecting

Flag Desecration

6511 words - 26 pages United States flag, except conduct related to the disposal of a "worn or soiled" flag (U.S.). On October 30th, 1989, the day the bill went into effect, hundreds of people burned flags; among them was Shawn Eichman. The Justice Department admitted that the law was unconstitutional under Texas v. Johnson, but prosecuted anyways, hoping to get the court to reverse its decision. The court decided that "flag desecration is a form of political expression

Eichman v.s. U.S. Flag Burning Analysis - Harvard U.S. Constitutional Law - Research Analysis Paper

1142 words - 5 pages United States flag on fire on the steps of the U.S Capitol while protesting the government’s domestic and foreign policy. Subsequently, United States Attorneys prosecute Eichman in accordance with the statute, and since a previous, similar case ruling of Texas v. Johnson only affected Texan state laws, this case was set to serve as a test case. Federal district judges dismiss this case, citing Texas v. Johnson, then U.S Attorneys appeal to the Supreme

Freedom of Speech as Defined by Law

3678 words - 15 pages dissenting opinion was made by Justice Roberts and joined by Justice Reed. However, Justice Roberts did not write down his dissenting opinion. Justices Roberts and Reed preferred to dissent in silence. (American Bar Association, 2013) Texas v. Johnson The Supreme court case Texas v. Johnson was argued March 21, 1989 and was decided on June 21, 1989. The case dealt with the legality of burning the American flag and whether or not it is secured

Roe v. Wade 1973

2234 words - 9 pages to privacy to be implemented or derived in some way. The Supreme Court decision made due to the case of Roe v. Wade has been called both radical and temperate (Edwards III, Wattenberg, and Lineberry 131). It was first argued in December 13, 1971 by a Texas woman named Norma McCorvey. “A three-judge District Court, which consolidated the actions, held that Roe and Hallford, and members of their classes, had standing to sue and presented

Symbolic Speech Should Be Protected

2721 words - 11 pages flag burning. However, the Supreme Court ultimately decided in 1989 that flag burning was considered “symbolic speech,” and was therefore protected under the First Amendment to the Constitution (Texas v. Johnson). 4. Many Members of Congress see continued tension between “free speech” decisions of the Supreme Court, which protect flag desecration as expressive conduct, and the symbolic importance of the United States flag. Consequently

Tejano Conflict

795 words - 4 pages reinterred in Arlington National Cemetery in a military ceremony with eighteen other soldiers whose remains were identified. Publication of an article in the New York Times brought national attention to the incident, and it became known as the Felix Longoria Affair. Walter Winchel stated, "The big state of Texas looks mighty small tonight" on his radio program. Works Cited Http://www.eyewitnesstohistory.com/kkk.htm Allsup, V.carl. "FELIX LONGORIA AFFAIR." ALLSUP, V. CARL. Texas State Historical Association, 07 Nov. 2013. Web. 27 Feb. 2014. Benavides, Adan. "TEJANO." BENAVIDES, ADAN, JR. Texas State Historical Association, 07 Nov. 2013. Web. 27 Feb. 2014.

The Impeachment Of Andrew Jackson Site: http://killer-essays.com/History_Essays/hal128.shtml

1721 words - 7 pages going on. Moreover, Johnson, who had so often refused to compromise on political questions, arranged deals with moderate conservative Republicans. (Anonymous)As soon as the trial ended, Stanton resigned form office. Four days later the Senate confirmed General Schofield as Stanton's successor. (Benedict) In June 1868, Congress readmitted seven southern states that had complied with its requirements, leaving only Mississippi, Texas, and Virginia

The Failure of Ron Johnson as CEO of J.C. Penney

1778 words - 8 pages :/Users/Ashley/Downloads/2b_OB-Personality%20(1).pdf 7 Bhasin, Kim (2013, May). CEO’s Desperate Broadcasts to J.C. Penney. Huffingtonpost. http://live.huffingtonpost.com/r/segment/ron-johnsons-desperate-broadcasts-to-jcpenney-/ 51a4ae1d2b8c2a4067000538 CBS News. Johnson, Ron. 2012. YouTube. Web site http://www.youtube.com/watch?v=kzMIiQN7cVQ Reingold,Jennifer. (2012, March). Retail’s new radical. CNNMoney.com. http

Similar Essays

Texas V. Johnson Essay

1710 words - 7 pages 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 Reagan's 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 V. Johnson Argumentative Essay

816 words - 4 pages Texas v. Johnson Argumentative To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the

Texas Vs Johnson Essay

702 words - 3 pages . Johnson court case later led to the passing of the Flag Protection Act of 1989. This Act, still being exercised today, was made to enforce that no one is permitted to deface or burn an American flag. Those who violate the Flag Protection Act are now prosecuted to the appropriate extent of time assigned by the court; imprisonment for a year or under. The Texas vs. Johnson court case of 1984 was an important case in United States history. It was a leading cause of the Flag Protection Act of 1989 and fought to allow the first Amendment to be open to interpretation.

First Amendment And Free Speech

1976 words - 8 pages al., 2010). Another side of free speech involves a case which allow schools to restrict speech that is promoting illegal drug use. To examine this view this paper will look at the case of Morse v. Frederick. Lastly, this paper will look into the case of Texas v. Johnson. At the end of a protesting march Johnson burned an American flag. The research for this paper will allow the reader to examine some of the different ways that free speech