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Tuesday, May 28, 2019

texas v. johnson case brief Essay example -- essays research papers

U.S. Supreme Court TEXAS v. JOHNSON, 491 U.S. 397 (1989) 491 U.S. 397CitationJohnson was convicted of desecration of a venerated object in violation of a Texas statute.Date DecidedJune 21, 1989Facts of pillow slipAt the 1984 Republican National Convention in Dallas, Texas, Johnson decided to burn an American flag in protest of some policies made by the Reagan judgeship and some Dallas corporations that he did not agree with. 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 firstborn amendment overrule the Texas law that forbids the desecration of a venerated object under these circumstances? termination of the courtThe State court of Appeals affirmed that Johnson was in the wrong, however, the Texas Court of Criminal Appeals reversed.Opinion or reasons for the decisionThe Texas Court of Criminal Appeals pointed out t hat the state, under the first amendment, could not punish Johnson for burning the flag due to the current circumstances. The court found that Johnsons burning of the flag was expressive conduct protected by the graduation exercise Amendment. They concluded that the State could not criminally sanction flag desecration in...

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