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Texas Vs Johnson
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The 2 Parties involved Gregory Lee johnson the defendant violated Texas law by desecrating respected objects.
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Constitutional Issue During johnson's case he was convicted and sentenced to one year in prison and fined 2,000$ The case was later reaffirmed in the U.S. Vs Eichman case. It was ruled that due to the first amendment it is unconstitutional for the government to prohibit desecration of the flag, because it is considered symbolic speech.
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When & Where? 1989 Dallas, Texas Dallas city Hall
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What events lead up to the case going before the Supreme Court?
On appeal to the Texas court of criminal appeals the court overturned his conviction, saying that the State could not punish Johnson for burning the flag because the First Amendment protects such activity as symbolic speech. Texas asked the Supreme Court of the United States to hear the case. In 1989, the Court handed down its decision. The Court found that "no disturbance of the peace actually occurred or threatened to occur because of Johnson's burning of the flag," The Court rejected Texas's claim that flag burning is punishable on the basis that it "tends to incite
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What was happening? The demonstrators were protesting the policies of the Reagan Administration and certain companies based in Dallas. They marched through the streets, shouted chants, destroyed property, broke windows and threw trash.
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Supreme court decesion
Texas asked the Supreme Court of the United States to hear the case. In , the Court handed down its decision. The Court found that "no disturbance of the peace actually occurred or threatened to occur because of Johnson's burning of the flag," The Court rejected Texas's claim that flag burning is punishable on the basis that it "tends to incite
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The reason for the courts decision
The Court found that, "Under the circumstances, Johnson's burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment. The supreme court could not convict him because it is unconstitutional for the government to prohibit desecration of the flag.
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Opposing viewpoints Most people want every flag burner or anyone who disrespects the flag charged and convicted for disrespecting what this country stand for and the people who made a sacrifice for our free land.
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My opinion on the ruling
I believe he should have been convicted under the supreme court because he disrespected the flag which indirectly disrespects the people who fought and people who founded the country.
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Why this case is considered “Landmark”?
This case is considered a landmark because the courts showed and stated that it is unconstitutional for the government to prohibit desecration of the flag if he or she does not harm property or persons Johnson to the right and his lawyer
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