Burning the Flag of the United States of America
The First Amendment gives people the right to do the most unbelievable outrageous things and get away with it. Under the United States Constitution, the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” There are many people who attempt to claim these things are unconstitutional, although it follows the First Amendment. One of the most controversial acts when it comes to the First Amendment is burning the American flag. This has continued to come …show more content…
Johnson in 1989. In protest of President Ronald Reagan, Gregory Lee Johnson went to the Republican Nation Convention in Dallas, Texas and burned an American flag out of the building. “He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others” ("Facts and Case Summary - Texas v. Johnson"). Johnson appealed after being convicted at a Texas court. He testified that it was a form of “symbolic speech” said to be constitutional by the First Amendment. By a 5-to-4 decision, the Court agreed with Johnson and held that burning the flag is considered “symbolic speech” protected by the First Amendment. Their justification was that people finding something offensive does not justify for the Court to prohibit a person’s expressions. “The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable"” ("Texas v.
The First Amendment gives people the right to do the most unbelievable outrageous things and get away with it. Under the United States Constitution, the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” There are many people who attempt to claim these things are unconstitutional, although it follows the First Amendment. One of the most controversial acts when it comes to the First Amendment is burning the American flag. This has continued to come …show more content…
Johnson in 1989. In protest of President Ronald Reagan, Gregory Lee Johnson went to the Republican Nation Convention in Dallas, Texas and burned an American flag out of the building. “He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others” ("Facts and Case Summary - Texas v. Johnson"). Johnson appealed after being convicted at a Texas court. He testified that it was a form of “symbolic speech” said to be constitutional by the First Amendment. By a 5-to-4 decision, the Court agreed with Johnson and held that burning the flag is considered “symbolic speech” protected by the First Amendment. Their justification was that people finding something offensive does not justify for the Court to prohibit a person’s expressions. “The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable"” ("Texas v.