A discussion of whether flag burning is protected by the us first amendment

Potential interpretations of the amendment[ edit ] This section possibly contains original research. To justify Johnson's conviction for engaging in symbolic speech, the State asserted two interests: The majority said that the government could not discriminate in this manner based solely upon viewpoint.

A Texas court tried and convicted Johnson. Since the amendment would allow prohibition against only "the flag of the United States," it could be construed as only applying to flags that are the property of the United States government, as opposed to private property.

Youngs Drug Products Corp. The Supreme Court, over only one dissent, affirmed O'Brien's conviction, but in so doing offered a test that would later be used to protect other protesters.

More important, as we continually emphasized in Halter itself, that case involved purely commercial, rather than political, speech. Hence, we have recognized the expressive nature of students' wearing of black armbands to protest American military involvement in Vietnam, Tinker v.

The judgments are Affirmed. It remains an open question whether flags such as this one, which contains corporate logos in place of the fifty stars, would fall under the amendment. The Court of Criminal Appeals began by recognizing that Johnson's conduct was symbolic speech protected by the First Amendment: Finally, the Court addressed the highly emotional issue of flag burning.

It was a case involving the burning of another symbol, however, in which the Supreme Court announced the test it would use to analyze expressive conduct cases.

Flag burning and the First Amendment: Yet another look at the two

Because the prosecutor's closing argument observed that Johnson had led the protestors in chants denouncing the flag while it burned, Johnson suggests that he may have been convicted for uttering critical words, rather than for burning the flag. Main content Facts and Case Summary - Texas v.

While we have rejected the view that an apparently limitless variety of conduct can be labeled "speech" whenever the person engaging in the conduct intends thereby to express an idea, United States v.

Daniel Schact, who performed an anti-war skit at Houston's draft center while wearing a military uniform, had better luck in in reversing his conviction for wearing a military uniform in a production other than one that "does not tend to discredit that armed force.

This is one of those rare cases. In deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, we have asked whether [a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it.

Desecration of Venerated Object a A person commits an offense if he intentionally or knowingly desecrates: The Court concluded that the flag burning was "speech" and again determined that the flag desecration statute was aimed at the communicative impact of Johnson's message.

Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering. Inthe Court first established flag burning as a protected First Amendment act in Texas v. Johnson. Back inGregory Lee Johnson burned a flag at the Republican National Convention in Dallas in a protest about presidential candidates Ronald Reagan and Walter Mondale.

Must the Constitution Protect Flag Burning? [with comment by Paul]

Supreme Court Ruling: The burning of the American flag is considered "symbolic speech" and is protected under the First Amendment. Majority Opinion. Watch video · Eichman, which was decided exactly 25 years ago, on June 11,the Supreme Court once again ruled that burning the flag was an example of constitutionally protected free speech.

United States Jaycees () that "implicit in the right to engage in activities protected by the First Amendment" is "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends".

Discussion of a Constutitional amendment to ban the burning of the American flag is what makes me wonder. Now, I love the Constitution.

I think it is a wonderfully strong and yet flexible document for republican government, and I admire and marvel at the philosophy behind it. Texas v. Johnson, U.S.

(), was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.

Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States.

A discussion of whether flag burning is protected by the us first amendment
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Jefferson - Enlightenment: United States v. Eichman - Burning the American Flag