Texas v. Johnson was a major First Amendment court case. This case didn’t flip the world around but it made an impact. The case was about a man that had his rights violated when he did something that seemed illegal. This case was very important to the First Amendment law because Texas tried to say he was doing an illegal action but he was protected. The aspect of the First Amendment during this case was Freedom of Speech. There are many stakes when it comes to very important cases that could change a person’s life forever. The individual right at stake was his freedom of speech. His rights and freedoms were tampered with which led to this being a major court case. The public’s good could’ve been at stake by being injured due to his action …show more content…
Johnson went through a couple of courts before it hit the Supreme Court. It started at the Intermediate Court of Appeals after he was arrested and fined. Then it moved up to the Texas Court of Criminal Appeals because he filed for review. When it got to this point his conviction was removed and the information was ordered to be dismissed. The Judge of that Court found that his action was constitutional because it was a type of symbolic speech. When he argued that it was freedom of speech the highest court, the Supreme Court agreed to hear the case. When the Supreme Court heard the case they made the same decision as the lower courts. The decision ended up being 5-4 Johnson. Brennan, Marshall, Blackmun, Scalia, and Kennedy ruled that Gregory Lee Johnson was protected under the first amendment. They felt Johnson was protected because he has the right of freedom of speech and the act of expressive conduct. A major factor, in this case, was his expressions. Many people during this case took offense to Johnson’s action but none of the audience’s opinion …show more content…
Johnson was about a protester that marched with a lot of other protesters during the Republican National Convention in Dallas. When he got to the city hall he took out an American Flag and set it on fire because he was against Regan’s policies. He was arrested and convicted, when through a couple of different courts and won in the Supreme Court 5-4 in 1989. The case impacted the country severely. It impacted the country because it showed how expressive speech is very important. The major social change is after the case, they introduced the Flag Protection Act. This act died off because of the ruling in Texas v. Johnson of expressive speech. An argument from one of the Supreme Court cases according to Justice Brennan “ Johnson was not, we add, prosecuted for the expression of just any idea; he was prosecuted for his expression of dissatisfaction with the policies of this country, expression situated at the core of our First Amendment values.” This explains that he wasn’t convicted for just any idea he was convicted because he saw a problem in Regan’s policies so he took a stand and he was protected under the first amendment. This quote explains exactly why Johnson won this case. The majority of the case argued it was protected by the First Amendment. In my opinion, even though it is protected under expressive conduct I feel it is wrong to take it out on a symbol of unity, the American Flag. Put aside the fact that people do it to get their point across but their
They ruled that the 1st amendment did not guarantee ultimate freedom of speech and anyone violating the government could be overthrown by the state. The historical impact that the case was made mostly from Justice Brandeis, who stated that immediate serious and evil threats should be the only ones that are taken seriously enough to strip away someone’s granted rights. Brandeis’s opinion was put to use in 1969 when the case of Brandenburg v. Ohio, which is when the court overruled the decision. Yes, there are laws to help protect the natural-born citizens of this country, but if they can be taken and maneuvered to make sure the courts get what they want, why have
A 6-3 decision was made for this case between the nine justices. The nine justices were Earl Warren, Hugo Black, Felix Frankfurter, William O. Douglas, Tom C.Clark, John M, Harlan II, WIlliam Brennan, Jr. Charles E. Whittaker, and Potter Stewart. The chief justice was Earl Warren. Clark, joined by Warren, Douglas and, Brennan were apart of the majority opinion which applied the exclusionary rule and several earlier decisions that had begun the
During the trial, Ali was refused the “right to subpoena evidence to support his claim that the Selective Service discriminates against Negroes and that Negroes are systematically excluded from draft boards” by his trial judge (“Clay Appeals Govt. Ruling”). He also claimed that he was denied other basic rights due to a contradiction between the Justice Department and the evidence of the hearing officer. When he tried to obtain a copy of the hearing officer’s report, he was denied (“Clay Appeals Govt. Ruling”).
Justice Paul Steven was the allocate for the dissenting opinion. Their main point was ¨it is now conceded that the Federal Government has a legitimate interest in protecting the symbolic value of the American flag,” (LII) and that “the flag uniquely symbolizes the ideas of liberty, equality, and tolerance -- ideas that Americans have passionately defended and debated throughout our history. The flag embodies the spirit of our national commitment to those ideals” (LII). People today still debate is the burning of the flag should be protected under the first amendment or if it is a symbol of American and therefore should not be
The usage of personal stories creates depth and dimension to the position he’s taken on the nation’s bigotry; the addition of quote for other significant civil rights activists add to his knowledge base and give Johnson a stronger foundation for his beliefs. He uses Abraham Lincoln’s civil rights movement to back up statements and positions he has taken on the horrific incident in Selma, Alabama. Appealing to Lincoln creates a precedent about his stance because of Lincoln’s impact on the civil rights movement; the usage of his name and actions builds Johnson’s credibility by using Lincoln’s as support. This speech was a call to action of the nation’s congress on racial differences, most bigotry was found in the south. “As a man whose roots go deeply into Southern soil…” was a portion of Johnson’s speech.
However, just because the Justice remains silent does not mean that he is just there to be there, he listens to what the other Justice viewpoints and opinions are, and shows how he feels about them through his conservative actions. It is very known that other African-American politicians
John Marshall was a key founder of the judicial branch of government, with his political opinions he laid the foundation for the United States Supreme Court. He had practically no schooling and only studied law for a short amount of time, but changed the nation drastically for the better helping to determine what the constitution could and could not do. Through many court cases Marshall helped established the power of state and federal government, creating the prosperous nation that is known today. John Marshall’s most important trial was Marbury vs Madison in 1803, this famous court case established what became the most important practice in the Supreme Court, judicial review. William Marbury the Secretary of Peace started a petition for which his commission was not delivered by the Secretary of State.
Johnson had an effective approach because it reiterated the values America stands for- liberty and justice. It is those values that revolutionaries such as George Washington, Benjamin Franklin, John and Samuel Adams, Patrick Henry, and Thomas Jefferson fought for in the American Revolution. Johnson used logos to warn the American people that if they continued to deny basic rights, America was going to lose sight of its identity and the qualities that makes it unique from all the other nations in the
Johnson's speech argues that there is “no Southern problem. There is no Northern problem. There is only an American problem.” stating that we as a nation are bringing conflict towards one another simply due to the fact we are not the same color. He urges the people not based on their positions but rather the fact that they are all Americans and he wants the freedom that their past ancestors died for to be granted to every man and woman.
Fields decide to appeal his sentence claiming his first amendment rights had been violated. The court of appeals granted his attempt to appeal the decision. The court of appeals ruled in his favor, and overturned his conviction. After Fields conviction had been overturned, The U.S. government decided to appeal Fields case.
The government appealed the court of appeals decision to bring to the Supreme Court where it is now. I stand with full belief, and the majority opinion of the Supreme Court that Abel Fields’ conviction be overturned. His First Amendment rights had been violated. Even though he was
Without this case, we would not be where we are today. It shaped the United States completely as a whole. It was the first time something regarding race was put a lot
The Voting Rights Act was one of the most revolutionary bills ever passed by the congressional legislation in the United States. President Lyndon B. Johnson signed the bill into law on August 6th, 1965, not only as part of politics but also, a depiction of morals. Since 1965, it has protected minority voters at the polls, but it has been fifty years since the Voting Rights Act has been passed and it is still a controversial topic that is constantly debated on today. The voting rights of all minorities throughout the country are once again under attack which impacts one’s ability to exercise his or her constitutional right as a citizen.
In “The Pedestrian” is about a man, Mr. Leonard, in the future. He was arrested for walking alone in middle of night and he thinks nothing is wrong with walking alone. Mr. Leonard Mead loves to walk outside in the middle of night and observe each houses. He is curious to find out what is behind the houses.
Stop Burning the American Flag! Ronald Reagan once said, “When we honor our flag we honor what we stand for as a Nation - freedom, equality, justice, and hope.” The Texas v. Johnson case is a vast problem that seems to be overpowering in today’s society. Since the case began there have been flag burnings all over the country, and no one seems to be concerned since people are not getting disciplined. People should not be burning the flag that so many people fight and lost their lives for.