Court Decision Involving Flag Burning and the First Amendment Rights.
It was 1984 when demonstrators rallied down the street of Dallas to protest the policies of the Reagan administration and certain Dallas-based corporations. The political demonstration dubbed the "Republican War Chest Tour" was the beginning of the controversial court case between Gregory Lee Johnson and the state of Texas. The demonstrators marched through the Dallas streets, chanting political slogans, staging "die-ins" intended to dramatize the consequences of nuclear war, spray-painting building walls, and overturning potted plants to express their protest. Of the approximate one hundred demonstrators, Johnson alone was charged with a crime, the desecration of a venerated object in violation of the Texas Penal Code. After a trial, he was convicted, sentenced to one year in prison, and fined two thousand dollars.
After his conviction, the case presented the question whether his conviction is consistent with the First Amendment. Because Johnson's expression was not for uttering insulting words, this complicated the Supreme Court's decision. The First Amendment forbids the abridgment only of "speech" but the court has long established that its protection does not end at the spoken or written word. Therefore, the court must determine whether Johnson's goal to convey a particular message was present, and whether those who viewed it would understand the message. Also the court must take into consideration as to whether the Texas law of preventing breaches of speech justifies Johnson's conviction for desecrating the flag. It was proved that Johnson's expression did not disturb the peace or cause a threat; nor did the expressive conduct fall within the class of "fighting words" that are likely to provoke a retaliation or cause a breach of the peace. The court concluded that the State's interest in preserving order is not implicated on these facts.
Flag burning is protected by the constitution under freedom of speech. ... The courts were the background of what made flag burning a legal act. ... When I think of flag burning, I imagine treason taking place. ... Flag burning in protest of our country should be treated as treason. ... Flag burning should not be a choice. ...
Burning a flag in protest is not respectful and should not be done. I do not think that there should be a law against flag burning because if some one really wants to burn a flag it is their right to do so. ... I take flag burning very personal because although I may not agree with some little things our government does I do believe in what it stands for. ... Some people would say that flag burning is the ultimate sign of freedom because it shows that they can publicly speak out against the government. ... All I think about when I see people burning flags is how I could never burn a flag in...
Burning a flag in protest is not respectful and should not be done. I do not think that there should be a law against flag burning because if some one really wants to burn a flag it is their right to do so. ... I take flag burning very personal because although I may not agree with some little things our government does I do believe in what it stands for. ... Some people would say that flag burning is the ultimate sign of freedom because it shows that they can publicly speak out against the government. ... All I think about when I see people burning flags is how I could never burn a flag in...
Flag burning can be and usually is a very controversial issue with people. ... Others believe that flag burning is a statement that one should be able to make without major repercussions. ... Although I am neither nor or against the burning of the flag, I believe the right should not be taken away. ... The people who are against flag burning seem to generally be those who have served this country through war and through other such ways. ... Sometimes it takes as much as burning a flag to get the attention of those in the White House and in Congress. ...
In the court case, the United States represented the idea that flag burning was wrong and Eichman represented the idea that flag burning was not wrong. The question was whether flag burning was a form of freedom of speech. ... Flag burning is not wrong because everyone has the freedom of speech and flag burning is part of free speech. ... In conclusion, flag burning is free speech. ... Taking away the right of flag burning would be taking away what the flag represents. ...
Burning the American Flag is a slap in the face Thousands of men and women have died for the idea that the United States of America flag stands for. The burning of the flag is only done to anger and sadden on lookers. ... Why should anyone respect the code of the flag when they know that next door someone is burning it. ... The opposing side to making the burning of the flag legal say that it is their right. ... The only message that the burning or desecrating of the flag puts out is anger. ...
There should not be any reason for the government to prohibit the burning of flags On June 22, 1942, President Franklin D. ... The Supreme Court, you see, considers burning the American Flag an act which is protected by the first amendment right to free speech. ... For the third time, a proposed constitutional amendment aimed at prohibiting flag burning appeared headed for defeat. ... Veterans groups, led by the Citizens Flag Alliance, lobbied hard for the amendment, arguing it is necessary to overturn the Supreme Court decisions in 1989 and 1990 that struck down state and federal laws again...
Don't Let Flag Burning Burn our Constitution The American flag is not just a piece of material or a collage of fabric. ... Johnson, were the Courts finally presented with the delicate issue of flag burning. Johnson had been convicted for burning the flag as a demonstration. ... Although I do feel strongly about not making flag burning illegal, I do not endorse flag burning. ... What does flag-burning do to better one's cause other than just offend people? ...
Flag burning, or any other physical desecration of the American flag: no matter what side of the issue people fall upon, the very concept sparks strong emotions. On the one hand are those who regard burning the American flag as a form of blasphemy - a sin against "civil religion" in America tantamount a sin against an established church. ... On the other hand are those who, although perhaps appalled by the burning of an American flag, nevertheless regard such acts as forms of expression and speech - thus, protected by the First Amendment. For this reason they seek to prevent legislative att...
