Essay on Case Analysis Texas V. Johnson

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SUPREME COURT OF THE UNITED STATES
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491 U.S. 397
Texas v. Johnson
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
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No. 88-155 Argued: March 21, 1989 --- Decided: June 21, 1989

This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the American flag. Consequently, Johnson was charged with violating the Texas law that bans vandalizing valued objects. However, Johnson appealed his conviction, and his case …show more content…
Analysis Of The Court Findings
I agree to some extent with the ruling, since it claims that its interest in preventing breaches of the peace justifies Johnson's conviction for flag desecration. However, no disturbance of the peace actually occurred, or threatened to occur because of Johnson's burning of the flag. Johnson deliberately chose to burn the American flag in order to demonstrate his deep distress over the nation’s policies. His gesture was an attempt to cry out to the government for a redress of grievances, and not to commit an act of juvenile vandalism. The 1st and 14th amendments protect Johnson’s symbolic protest. Also, the only evidence offered by the state at trial to show the reaction to Johnson's actions was the testimony of several persons who had been seriously offended by the flag burning. This case sparked years of debate over the meaning of the flag, including efforts to amend the Constitution to allow for a prohibition of the “physical desecration” of the flag. The only evidence offered by the State at trial to show the reaction to Johnson's actions was

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