When the National Anthem comes on everyone stands, takes off their hats, and puts their hand over their heart to honor the United States of America. Citizens do this to respect the nation and all that have died for their freedom. There are laws that say that people in the United States have to respect the flag in many ways, but what if someone breaks those laws to exercise their freedom of speech? What laws are more important, freedom of speech or flag desecration laws? The ruling in the case of Texas v. Johnson was correct because of how the Texas Penal Code was written, the First and Fourteenth Amendments and how the Supreme Court interpreted the law.
On August 22, 1989 the Republican National Convention was in full …show more content…
The Flag Desecration Law in Texas states does not allow someone to intentionally damage or disrespect the United States flag in the State of Texas. This law in Texas is the same law that is enforced at the national level. Technically, Gregory Lee Johnson did intentionally damage and disrespect the flag of the United States but the main argument from the defense was that the Texas law of Flag Desecration infringed on the rights of Gregory Lee Johnson, who was a United States citizen and his rights were protected under the United States …show more content…
It does not represent
the views of any particular political party, and it does not represent any particular
political philosophy. The flag is not simply another "idea" or "point of view"
competing for recognition in the marketplace of ideas. Millions and millions
of Americans regard it with an almost mystical reverence regardless of what
sort of social, political, or philosophical beliefs they may have. I cannot agree
that the First Amendment invalidates the Act of Congress, and the laws of 48
of the 50 States, which make criminal the public burning of the flag.”
(streetlaw.org)
Some laws in the United States overlap and are really left up to the discretion and interpretation of the court. Flag Desecration is against the law in the United States but every citizen is granted their rights given to them by the Constitution. The Supreme Court ruled in favor of the First Amendment in the Texas v. Johnson case to make sure that Gregory Lee Johnson was granted those rights as a citizen. The ruling in the case of Texas v. Johnson was correct because of how the Texas Penal Code was written, the First and Fourteenth Amendments and how the Supreme Court interpreted the