Case Briefs

TEXAS v. JOHNSON SUPREME salute 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 eachas preserve the constitutionality of mandates in question. Texas Court of Criminal Appeals reversed. Supreme Court of the unite States give certiorari. FACTS: In 1984, while the Republican National figure was fetching place, appellant Johnson burned an American wilt in face up of Dallas City Hall in refuse 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 startle Amendment rights to symbolical speech. The state countered with the interests of preserving the flag as symbol of national star and preventing breaches of peace. ISSUE: Does the Texas statute against the desecration of an American flag injure a saved form o f speech under the First Amendment? HOLDING: Yes. Texas statue is a violation of the First Amendment. Affirmed. Rationales from Brennans bulk opinion: R1: harmonize to the Court, the law did non outlaw a communicate hardly an port. Expression is a form of speech that is protected by the First Amendment.

R2: Audience taking offense to expressions or ideas does not justify bans of speech, as the Court found. The Government cannot overthrow the expression of an idea simply be coiffure society finds the idea itself anxious or disagreeable. Rehnquist dissent: The uniqueness of the flag is just cause for th e governance to prohibit the act of flag bu! rning. 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, Decided PROCEDURAL HISTORY: The...If you want to posture a plenteous essay, order it on our website: OrderCustomPaper.com

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