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In Texas v. Johnson, the Supreme Court ruled that

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flag burning is an imminent danger to public safety.

flag burning is not symbolic speech.

flag burning, although offensive, cannot be prohibited.

flag burning can be prohibited by the national government but not by the states.

2007-09-20 12:36:50 · 1 answers · asked by Anonymous in Education & Reference Homework Help

1 answers

Texas v. Johnson
No. 88-155
SUPREME COURT OF THE UNITED STATES
491 U.S. 397
Argued March 21, 1989
Decided June 21, 1989
JUSTICE BRENNAN delivered the opinion of the Court.
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/texas.html
After publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. This case presents the question whether his conviction is consistent with the First Amendment. We hold that it is not.
Of the approximately 100 demonstrators, Johnson alone was charged with a crime. The only criminal offense with which he was charged was the desecration of a venerated object in violation of Tex. Penal Code Ann. § 42.09(a)(3) (1989). [note 1] After a trial, he was convicted, sentenced to one year in prison, and fined $2,000. The Court of Appeals for the Fifth District of Texas at Dallas affirmed Johnson's conviction, 706 S. W. 2d 120 (1986), but the Texas Court of Criminal Appeals reversed, 755 S. W. 2d 92 (1988), holding that the State could not, consistent with the First Amendment, punish Johnson for burning the flag in these circumstances.
flag burning, although offensive, cannot be prohibited.
This is not meant to be malicious, but I've seen your questions on law before and I wonder if you are studying law will you be able to pass the bar?

2007-09-20 12:58:40 · answer #1 · answered by LucySD 7 · 0 0

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