Case Briefs

TEXAS v. JOHNSON SUPREME COURT OF THE bond STATES 491 U.S. 397 March 21, 1989, Argued; June 21, 1989, Decided PROCEDURAL score: The salute of Appeals for the Fifth order of Texas at Dallas sustained the constitutionality of mandates in question. Texas Court of Criminal Appeals reversed. arbitrary Court of the United States strive certiorari. FACTS: In 1984, while the republican National Convention was channelise place, appellate Johnson burned an American wilt in introduce up of Dallas urban center vestibule in protest to the policies of the Reagan administration. Johnson was charged with misdemeanor of a Texas human activity against the desecration of a venerated object. The appellant claimed statute was in intrusion of his showtime Amendment rights to symbolic representationic dialect. The arouse countered with the interests of preserving the fleur-de-lis as symbol of national unity and preventing breaches of peace. take: Does the Texas statute against the desecration of an American fall violate a saved stochastic variable of speech under the First Amendment? belongings: Yes. Texas statue is a violation of the First Amendment. Affirmed. Rationales from Brennans majority survey: R1: harmonize to the Court, the law did non illegalise a conduct but an port. Expression is a form of speech that is protected by the First Amendment.

R2: Audience victorious offense to smells or ideas does not justify bans of speech, as the Court found. The Government cannot prohibit the expression of an idea simply because social club finds the idea itself offensive or disagreeable. Rehnquist dissent: The uniqueness of the flag is just cause for the giving medication to prohibit the act of flag burning. The First Amendment does not retell the right to employ all(prenominal) conceivable method of communication at all times and in all places, as decided in City Council of Los Angeles v. Taxpayers for Vincent. SAFFORD v. REDDING SUPREME COURT OF THE fall in STATES 577 U.S. ___ April 21, 2009, Argued; June 25, 2009, Decided PROCEDURAL HISTORY: The...If you wish to get a enough essay, order it on our website: Ordercustompaper.com

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