The Symbolic Nature Of The First Amendment's Freedom Of Speech

Improved Essays
• 1984- Outside of the Republic National Convention, Gregory Lee Johnson burned an American flag
• Johnson was showing his disagreement of president Ronald Reagan’s policies
• He was arrested and charged for the desecration of a venerated object
• Tried in court
• Argued that under the first amendment he is protected for “symbolic speech”
• Case was taken to the supreme court where they sided with Johnson
• Justice Stevens argued that the symbolic nature of the American flag should outweigh the first amendment’s freedom of speech

Related Documents

  • Improved Essays

    Gregory Johnson Case

    • 1168 Words
    • 5 Pages

    Johnson was prosecuted for flag desecration that violated a state statute. The Texas Court of Criminal Appeals reversed Johnson’s conviction, and held that flag burning was an expression of speech. Texas appealed to the Supreme Court (O’Brien 702). 3. Questions of the Court Is flag burning protected by the First Amendment?…

    • 1168 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Texas vs. Johnson In 1984 a man named Gregory Lee Johnson burned a flag outside of the RNC (Republican National Convention) in order to protest the policies of President Ronald Reagan. Dallas, Texas has laws against ‘desecration of a venerated object’, but Johnson argued that his action was protected by the first amendment. The case was taken to the Supreme Court. The state of Texas made their case by saying that flag burning does not constitute “symbolic speech”, and that his unpatriotic actions were not protected by the first amendment.…

    • 667 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Court found that Virginia's statute against cross burning is unconstitutional. Similar to the Church, the defendants were expressing their belief. Lastly, in the Texas vs. Johnson case, Gregory Lee Johnson burned an American flag in a act of protest against President Reagan. After being fined $2000, and being sentenced to a year in jail the case went to the Supreme Court. The Court ruled that the act of burning a flag was protected expression under the First…

    • 668 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court case Texas v. Johnson was fought between the state of Texas and Gregory Lee Johnson over a right that Johnson claimed to be protected by the 1st Amendment of the Bill of Rights. Texas argued that burning the American flag was not an act protected by the 1st Amendment because it causes great dissent and conflict. Johnson argued that its controversial nature is exactly why it is protected by the 1st Amendment; the 1st Amendment was added to the Constitution specifically to protect one’s unpopular opinion. This court case interested me because I found that I had a hard time deciding whether the state of Texas or Johnson was right; the case intrigued me because it made me think. Five years prior to the case, Johnson participated…

    • 514 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Gregory Lee Johnson apparently burned an American flag outside of the convention center. This was where the 1984 Republican National Convention was held in Dallas, Texas. According to Johnson, he had burned the flag to protest the policies of President Ronald Reagan. Johnson was arrested and then charged with violating a Texas statute that prevented the desecration of a honored object, including the American flag itself. If action such as this were likely to encourage any type of anger in others.…

    • 249 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    To begin with, in the article "American Flag Stands For Tolerance" by Ronald J. Allen, the author stated that "In a controversial decision, the supreme court, by the closest possible margin of a 5-to-4 vote, held that a person has a right to express disagreement…

    • 402 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Having Free Speech is the basic right that Americans have, it is the ability to speaks one’s mind and ideas. Theres are many benefits to having the ability to project ideas without censorship. Caleb Yong author of “Does Freedom of Speech Include Hate Speech?” argues that the liberal justice has a special protection against the restriction of speech and expression, he calls it “Free Speech Principle” where it includes its “sensitivity to the distinction between coverage and protection (Yong)” that the speech should be monitored. Hate speech is too broad to single out the negative effect that it can have in any group. The main concept of this article includes the four categories that hate speech can be set in.…

    • 1030 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    According to the Texas v. Johnson supreme court case, the burning of the American Flag is apart of the first amendment. As of 1989 it is a statue that claims burning of the flag is a symbolic speech. Justice William Brennan ruled…

    • 918 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Eichman, it can also be seen that judicial restraint is applied. Judicial restraint can be seen in the Eichman case because the Court respected the precedent decision of Texas v. Johnson, a case ruled about a year prior. In Texas v. Johnson, the Supreme Court ruled that desecrating the American flag is protected under First Amendment rights. The Court stated that it is not acceptable for the law to criminalize an action just because it is “offensive or disagreeable” in nature. In United States v. Eichman, the Supreme Court simply upheld this ruling, with just a few more provisions.…

    • 1309 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Colleges always face a lot of scrutiny when it comes to how they are run. In recent years, the First Amendment has come into play on campuses across the nation. Many articles have been written defending both for and against restrictions, defending the use of trigger warnings in class, and explaining what this controversy is really about. While the colleges themselves have the power to choose what they do, they must consider what experience they want to provide for their students. What is Free Speech?…

    • 2074 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Exercising his right to freely express himself, Colin Kaepernick has become one of the most influential and controversial people of our generation. Events such as the NFL players National Anthem protests have shown that our society is becoming more polarized in their own replaced. Over the past decade, our definition of the Freedom of Speech and the first amendment have become variations of its original content. The first amendment is an important factor in change in our country, and individuals such as NFL players with a platform have the potential to influence the masses should have a say for the problems that are facing us today.…

    • 268 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    (page 16 the paraphrase of Justin Holmes) They see that the Gregory L. Johnson actions was not illegal by his own intentions, but by his own rights. As he burned the flag, which resulted people were seriously offended by it, he still didn’t change the everybody opinion about it but strengthen the flag’s cherished place in the community.…

    • 288 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Freedom of speech is a privilege all Americans share. A person can state whatever they please, so long as it doesn’t cause a clear and present danger, without government interference. The idea that someone can legally think, be, and say whatever they want is what lead millions of immigrants to form the U.S. back in 1776 and is the same reason people fight for their right to live here today. Thanks to information being so accessible in this digital age, individuals are told that they are allowed and to study and form an educated opinion. This comes with one catch.…

    • 975 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The right to having free speech is one of the basic human rights that pretty much everybody knows firsthand. Some people abuse this right, and some use it just right! Freedom of expression is super important because it enables the public to participate in the decision making spectrum of society with free range of information and ideas. Without this, people would be unable to make informed decisions, and things would be complete and utter chaos. The framers of the United States Constitution probably thought that through, which is why we even have the first amendment freedom of speech.…

    • 477 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The concept that freedom of speech has and continues to be used as the basis for oppression of others is a contradiction in itself. For far too long, individuals have been the target of free speech hate banter and silenced in practicing their own right of free speech because they are left feeling inferior to the groups who silence them. Freedom of speech is not an equal right but a right granted by those who control the consequences of practicing free speech. In the last year, practicing free speech in the form of protesting the national anthem was met with extreme backlash and anti-patriotic rhetoric for those who practiced their right of free speech. As for the perceived need for national consensus during a war, this is nearly impossible…

    • 278 Words
    • 2 Pages
    Improved Essays