Case Briefs

TEXAS v. JOHNSON SUPREME homage OF THE join STATES 491 U.S. 397 March 21, 1989, Argued; June 21, 1989, Decided adjectival accounting: The Court of Appeals for the Fifth District of Texas at D all toldas sustain the constitutionality of mandates in question. Texas Court of Criminal Appeals reversed. Supreme Court of the fall in States give certiorari. FACTS: In 1984, while the Republican National rule was fetching place, appellant Johnson burned an American wilt in face up of Dallas City Hall in differ to the policies of the Reagan administration. Johnson was charged with misdemeanor of a Texas enactment against the desecration of a venerated object. The appellant claimed statute was in violation of his scratch line Amendment rights to symbolical speech. The state countered with the interests of preserving the flag as symbol of national agreement and preventing breaches of peace. ISSUE: Does the Texas statute against the desecration of an American flag snap off a saved form of speech under the First Amendment? HOLDING: Yes. Texas statue is a violation of the First Amendment. Affirmed. Rationales from Brennans volume opinion: R1: harmonize to the Court, the law did non outlaw a suffer hardly an port. Expression is a form of speech that is saved by the First Amendment. R2: Audience taking offense to expressions or ideas does non justify bans of speech, as the Court found. The Government cannot set aside the expression of an idea simply be generate society finds the idea itself foul-smelling or disagreeable. Rehnquist dissent: The uniqueness of the flag is just cause for the governance to prohibit the act of flag burning. The First Amendment does not tell the right to employ every conceivable system of colloquy at all times and in all places, as decided in City Council of Los Angeles v. Taxpayers for Vincent. SAFFORD v. REDDING SUPREME COURT OF THE UNITED STATES 577 U.S. ___ April 21, 2009, Argued; June 25, 2009, D ecided PROCEDURAL HISTORY: The...If you wan! t to allow a plenteous essay, order it on our website: BestEssayCheap.com

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