Legal issue: Can Congress, with respect to the commerce clause, regulate Ollie’s Barbecue to prohibit discrimination?
Holding: Yes, Congress can regulate Ollie’s Barbecue because the power vested in Congress to regulate interstate commerce extends to state discrimination statutes.
Reasoning: The reason the Supreme Court reversed the decision is because 46% of the food served in the last year at Ollie’s Barbecue came from out of state, many of the customers were from out of state, and because racial discrimination can disrupt the flow of interstate commerce.
Opinion: I agree with the opinion of the Supreme Court. While restaurants are privately owned, Ollie’s Barbecue, …show more content…
He burned the flag to protest the policies of the Reagan administration and some Dallas-based corporations. Many witnesses were offended, but none were injured or threatened. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, which included the American flag, if it was likely to incite anger in others. Johnson was convicted, sentenced to one year in jail, and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the decision, it was appealed to the Supreme