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texas v. johnson case brief

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Issue:

Miscellaneous

 

Written by:

George R

 

Date added:

November 10, 2013

 

Level:

University

 

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No of pages / words:

2 / 492

 

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2908 times

 

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Noone sustained physical injury or was even threatened with physical injury, but many were offended by the jesture made by Johnson. The Texas penal code forbids the desecration of a venerated object. Issues: Does the first amendment overrule the Texas law that forbids the desecration of a venerated object under these circumstances? Decision of the court: The State court of Appeals affirmed that Johnson was in the wrong, however, the Texas Court of Criminal Appeals reversed...
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The court found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. They concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity. Dessenting opinion: Justice Stevens stated, "As the Court analyzes this case, it presents the question whether the State of Texas, or indeed the Federal Government, has the power to prohibit the public desecration of the American flag...
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General issues of this essay:
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