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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 rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not mean that it must be banned (Brennan 1). According to the First Amendment, even though the form of expression is offensive to some, doesn’t mean that the government may ban the action, simply because society finds it aggressive (Brennan 1). The background of the Texas v. Johnson case leads to a personal opinion among society.
One may find that this case is not tolerable because Johnson was outside of his First Amendment rights. The first amendment gives you the freedom of religion, assembly, petition, press, and speech. In this case Johnson is burning an American flag which does not lie in any of the rights. When Johnson burned the American flag he was...

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