Texas vs. Johnson
(An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision)
The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words. In America …show more content…
Judges Stevens and Rehnquist both argued for the dissent on the decision. Justice Rehnquist identified the flag as a symbol of American pride and it was unlawful to but such an emblem. He sites countless songs and poems glorifying the American flag including our national anthem. He also cites several previous cases in which ‘smaller’ offenses were ruled unlawful. In one case Rehnquist uses a citizen was arrested for wearing the American flag on the seat of his pants and was arrested and convicted for violating Massachusetts flag misuse statute. He also cited that the court upheld that states had the right to determine what violated proper treatment of the flag. Overall Rehnquist conveyed that he felt that the flag deserved more respect because it represents not only our nation but also the society, history, and culture of America. In my opinion, he fell into the category of people who were offended and want to quiet those people who speak …show more content…
This has become an especially touchy subject with the rise of controversy concerning the confederate flag. The confederate flag has become a sore subject with the rise of racial tension within the nation. California has gone as far as to ban the Confederate flag. The question arises; is banning the Confederate flag constitutional? Flying it could be considered a form of symbolic speech and by banning it in public spaces governments could infringe on first amendment rights. Considering the ruling of Texas vs. Johnson, I think the court would rule against the banning of the Confederate flag. However times change and the court can change its mind. This ruling could also be applied to the controversy arising on many college campuses discussed in The Week we responded to last week. College students have responded to opinions stated by teachers or administrators with vigor taking their ‘first amendment rights’ to the next level. The professors and administrators are entitled to the opinions they presented. Just because the students like what they had to say doesn’t mean they should be convicted for stating their opinions. Though a bit more extreme the Texas vs. Johnson case dealt with a similar issue of distinguishing between threatening and disliked opinions. Johnson was arrested mostly because his actions offended someone. Similarly, these professors and administers are being forced from their jobs for saying
(An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision)
The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words. In America …show more content…
Judges Stevens and Rehnquist both argued for the dissent on the decision. Justice Rehnquist identified the flag as a symbol of American pride and it was unlawful to but such an emblem. He sites countless songs and poems glorifying the American flag including our national anthem. He also cites several previous cases in which ‘smaller’ offenses were ruled unlawful. In one case Rehnquist uses a citizen was arrested for wearing the American flag on the seat of his pants and was arrested and convicted for violating Massachusetts flag misuse statute. He also cited that the court upheld that states had the right to determine what violated proper treatment of the flag. Overall Rehnquist conveyed that he felt that the flag deserved more respect because it represents not only our nation but also the society, history, and culture of America. In my opinion, he fell into the category of people who were offended and want to quiet those people who speak …show more content…
This has become an especially touchy subject with the rise of controversy concerning the confederate flag. The confederate flag has become a sore subject with the rise of racial tension within the nation. California has gone as far as to ban the Confederate flag. The question arises; is banning the Confederate flag constitutional? Flying it could be considered a form of symbolic speech and by banning it in public spaces governments could infringe on first amendment rights. Considering the ruling of Texas vs. Johnson, I think the court would rule against the banning of the Confederate flag. However times change and the court can change its mind. This ruling could also be applied to the controversy arising on many college campuses discussed in The Week we responded to last week. College students have responded to opinions stated by teachers or administrators with vigor taking their ‘first amendment rights’ to the next level. The professors and administrators are entitled to the opinions they presented. Just because the students like what they had to say doesn’t mean they should be convicted for stating their opinions. Though a bit more extreme the Texas vs. Johnson case dealt with a similar issue of distinguishing between threatening and disliked opinions. Johnson was arrested mostly because his actions offended someone. Similarly, these professors and administers are being forced from their jobs for saying