incident of flag burning occurred in the United States, it has been heavily debated whether or not one has the right to desecrate the country’s stars and stripes. Today, it is within the law to burn the flag as a form of expression. It has not always been that way. Once the Vietnam War started, many people protesting the war demonstrated their hatred for the country’s actions by burning the national flag. This led to the action becoming a federal offense, anyone committing such crimes subject to penalty (Whitman). This law changed, however, as late in the 1900 's, a man named Gregory Lee Johnson was convicted for burning the flag during a Republican Convention. Although he was initially convicted, the Supreme Court later…
Johnson burned a flag as others chanted. 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? 4. Holding Yes. The decision was 5-4 in favor of Gregory Johnson 5. Opinions of the Court Justice Brennan delivered the Opinion of…
The Dissenting Opinion Can Gregory Lee Johnson go to jail and be a criminal for burning the American Flag. Gregory Lee Johnson and others protesters marched through the streets of Dallas, Spray-painting building’s and causing others property damage. Johnson doused an American flag in Kerosene and set it on fire. It was a criminal offence in Texas federal law. Argue that the right to burn the American flag is fundamental to the first Amendment’s guarantee of freedom of speech. The Supreme Court…
someone burn the flag sickens me. It provokes feelings of anger and disgust. But punishing citizens for using their personal property to express their personal views violates the very ideas that animate our constitution with meaning.” People are affected from unpatriotic people in direct and indirect ways. A citizen could be made an example of by a single individual who simply is upset with our country. For example, Armstrong Williams says, “Chabot has a point. Watching someone burn the flag…
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…
The time finally came when flag burning became a federal offense, Congress passing this law around the time the Vietnam War started. Late in the 1900 's, a man named Gregory Lee Johnson was convicted for burning the flag during a Republican Convention. Although he was initially convicted, the Supreme Court later decided that the freedom of expression permits him to burn the flag. A huge dispute broke out in Elk Grove High School in the post Eichman-era as to whether or not a mural depicting a…
Freedom or Crime In the case Texas v. Johnson, Gregory Johnson was convicted of desecration of a venerated object, but the court ruled in favor of Johnson. The object he burned was an American flag. Many people were offended by this action, but others agreed that he had the right. This is a controversial topic, and the ruling in the supreme court was a close five to four vote. First off, the American flag is a symbol of our country and what we stand for. One of the rights we have as Americans,…
During the Republican national convention was taking place in Dallas in 1984 where Gregory Lee Johnston participated in a political demonstration of which an american flag was burned as a sign of symbolic language. He was then charged on a Texas criminal statute that forbids the desecration of venerated objects that included but not excluded to monuments,places of worship or burial, or a state or national flag “in a way that would offend one or more persons likely to observe or discover his…
1. When Eichman burned American flags on the steps of the U.S. capitol he violated the Flag Protection Act of 1989, which states “it is a crime to deface, damage, or otherwise physically mistreat an American flag in a way […] persons likely to observe or discover this action. The Act proscribes conduct that damages or mistreats a flag without regard to the actor’s motive, his intend message, or the likely effects of his conduct onlookers.” 2. There are some people who are very patriotic, and…
U.S. Flag “The Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States.” That was the proposed constitutional amendment that was sent before the Constitution subcommittee on May 25th, 1995. The amendment passed the subcommittee and then was presented before the full Judiciary Committee. The amendment was in response to the Supreme Court rulings in 1989 and 1990 that demolished federal and state statutes prohibiting flag desecration.…