*Texas+v.+Johnson

Jake and Gunnar 4B 11-18-09 I. The case was heard by the Supreme Court on 1989. 1/1

II. During the 1984 Republican National Convention in Dallas, Texas, protester Gregory Lee Johnson set fire to an American flag to protest certain policies of the Reagan Administration and some Dallas-based Corporations. Johnson was part of a large crowd of protestors. Nobody was hurt during the protest.. Johnson was convicted of desecration of a venerated object in violation of a Texas statute (Texas Penal Code section 42.09(a)(3) (1989) and the Fifth District Court of Appeals in Dallas affirmed. However, the Texas Court of Criminal Appeals reversed the ruling, stating that Johnson burned the flag in circumstances protected by the First Amendment and that the Free Speech Clause prevents the State from creating symbols of national unity that are protected from public criticism. IT WAS THEN APPEALED TO THE SUPREME COURT 4.5/5

III. Does the Free Speech Clause OF THE FIRST AMENDMENT protect against the desecration of venerated objects, SUCH AS THE AMERICAN FLAG? 4.5/5

IV. The Supreme Court ruled that burning the flag is protected by the first Amendment. Simply because people take offense to the message, NO COMMA does not make it illegal. They also said that the state doesn’t have the power to make a flag a national symbol. It was five votes in favor of Gregory Johnson and four against. IT RULED THAT THE TEXAS STATE LAW WAS UNCONSTITUTIONAL 4/5

V. This case is important because the results of it are still questioned today. Many people still believe it should be illegal to burn a flag. Such a bill has passed the House many times, but every time it has failed in the Senate. IN THE UNITED STATES CONGRESS? EVEN IF IT PASSED, THE COURT COULD DECLARE IT UNCONSTITUTION JUST AS IT DECLARED THE TEXAS LAW UNCONSTITUTIONAL IT WOULD TAKE A CONSTITUTIONAL AMENDMENT TO CHANGE THIS. 4.5/5

VI.

PLEASE LABEL PICTURE 1.5/2

VII. Tedford, T, & Herbeck, D. (2009). //Freedom of speech in the united states// [6th ed.]. Retrieved from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/texas.html

(n.d.). Texas v. Johnson. //Law library//. Retrieved (2009, November 18) from http://law.jrank.org/pages/10758/Texas-v-Johnson.html

VII. The Oyez Project, Texas v. Johnson, 491 U.S. 397 (1989) available at: ([|http://oyez.org/cases/1980-1989/1988/1988_88_155]) (last visited Monday, November 16, 2009).

Seidenstein, J. (1989). //File:william kunstler and gregory lee johnson.jpg//. Retrieved from http://commons.wikimedia.org/wiki/File:William_Kunstler_and_Gregory_Lee_Johnson.jpg

2/2

22/25 = 88% (B)

OVERALL A SOLID JOB, BUT YOU COULD HAVE GIVEN A LITTLE BIT MORE EXPLANATION AND ANALYSIS.