Thursday, December 19, 2019
Essay on Case Analysis Texas V. Johnson - 1292 Words
SUPREME COURT OF THE UNITED STATES ________________________________________ 491 U.S. 397 Texas v. Johnson CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS ________________________________________ No. 88-155 Argued: March 21, 1989 --- Decided: June 21, 1989 This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the American flag. Consequently, Johnson was charged with violating the Texas law that bans vandalizing valued objects. However, Johnson appealed his conviction, and his caseâ⬠¦show more contentâ⬠¦The Supreme Court has made clear in a series of cases that symbolic expression (or expressive conduct) may be protected by the First Amendment (Cline, 2011.) However, of the approximately 100 demonstrators, Johnson alone was charged with a crime. Johnson appealed his conviction and his case eventually went to the Supreme Court. The principle to the case is burning a U.S. flag in protest was expressive conduct protected by the First Amendment. In determining the case, the court first considered the question of whether the First Amendment reached non-speech acts, since Johnson was convicted of flag desecration rather than verbal communication, and, if so, whether Johnsons burning of the flag constituted expressive conduct, which would permit him to invoke the First Amendment in challenging his conviction. The First Amendment literally forbids the abridgment only of ââ¬Ëspeech,ââ¬â¢ but has long recognized that its protection does not end at the spoken or written word. If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of anShow MoreRelatedCase Analysis : Texas V. Johnson Essay801 Words à |à 4 PagesElloheim Tucker CRJ 201 Fall 2016 Dr. Cretacci I. Name: Texas v. Johnson II. Legal Citation: 491 U.S. 397 (1989) III. Statement Facts: The respondent was involved in a political demonstration where he had drenched the American flag with kerosene and lit it on fire. Respondent was charged and convicted of the illegal act of desecration of the flag. The criminal appeals reversed the conviction and said that petitioner could not prosecute the respondent for burning the flag as a part of politicalRead MoreIs Flag Burning Protected By The First Amendment?1617 Words à |à 7 Pagesdifferent kinds of forms. The speech can be spoken, written, or be an action. All of these kinds of conduct could be said to express ideas in some ways, however, only some conduct is protected as symbolic speech. When the court analyzes these types of cases, they will ask the speaker about whether they intended on conveying a particular message and whether it was likely that the audience understood the message and the purpose. For a court to decide that some kind of speech is speech that is not protectedRead MoreSpeech Fr ee Speech On The Freedom Of Speech1380 Words à |à 6 Pagesdifferent kinds of forms. The speech can be spoken, written, or be an action. All of these kinds of conduct could be said to express ideas in some ways, however, only some conduct is protected as symbolic speech. When the court analyzes these types of cases, they will ask the speaker about whether they intended on conveying a particular message and whether it was likely that the audience understood the message and the purpose. For a court to decide that some kind of speech is speech that is not protectedRead MoreLearning Analytics Is An Educational Application Of Big Data1435 Words à |à 6 PagesLearning Analytics Learning analytics is an educational application of ââ¬Å"big data,â⬠a branch of statistical analysis. 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Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watsonââ¬â¢s vehicle, which was sputtering and stalling out, and theRead MoreCertiorari to the Court of Criminal Appeals of Texas Essay examples3019 Words à |à 13 PagesSmith v. Texas CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS I Introduction LaRoyce Lathair Smith was convicted of capital murder and after some time being in court he was sentenced to death by a jury in Dallas County, Texas (Kennedy). This case deals with whether or not the death penalty should be nullified due to the juryââ¬â¢s improper instruction, how weak the two special issues are in certain cases, and since there was claim against constitutional error, there was no sign that heRead MoreSec V. Johnsons Cpa1599 Words à |à 7 PagesAAER No. 3698 ââ¬â SEC v. Terry L. Johnson, CPA Company Background: Terry L. Johnson is a Casselberry, Florida resident. 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Conclusion: The case law defines forgery ââ¬Å"falsely making or altering anyRead MoreEssay on Proclaim Your Freedom of Speech ââ¬â Burn a Flag!2195 Words à |à 9 Pagesdesecration? We see many constitutional and non-constitutional reasons both for and against passing the amendment; an analysis of the Constitution is vital to forming a valid opinion on this issue. à In the past, the Supreme Court has ruled that burning the flag is a form of free speech which may not be limited by the government. One of the earliest decisions on this issue was in Street v. New York (1969). After hearing about the murder of civil rights leader James Meredith, Sidney Street, a decoratedRead MoreThe Power Of A Society s Justice System1581 Words à |à 7 Pagesaffecting the nationââ¬â¢s international standing. 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