according to texas's attorney why should the flag be protected
by Dr. Margaret Walsh DVM
Published 3 years ago
Updated 2 years ago
5 min read
The flag is a symbol of nationhood and national unity. Therefore, if the flag is destructed or used with no respect, it'd be as if doing the same to what it symbolizes: the unity and nationhood of the country. And according to the author, that is enough reason to protect it.
Why is flag burning protected by the First Amendment?
The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.
How did the decision the Supreme Court reached in Texas v Johnson affect the protections offered by the First Amendment?
The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment.
How did the decision the Supreme Court reached in Texas v Johnson affect the protections offered by the First Amendment quizlet?
In an appeal, Johnson argued that burning the American flag was symbolic speech and protected by the First Amendment. The high court agreed that symbolic speech - no matter how offensive to some - is protected under the First Amendment.
Which of the following best describes the Supreme Court's decision in the flag burning case of Texas v Johnson 1989 )?
Which statement best describes the Supreme Court's decision in Texas v. Johnson? It prevented acts of symbolic protest against the federal government. It protected actions such as flag burning and not just spoken or written words.
Why did Johnson burn the flag?
Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson.
What is the Supreme Court's reasoning as to why the burning of the flag in Texas v Johnson is protected by the Constitution?
Supreme Court said flag burning was expressive conduct protected by the First Amendment. Writing for the majority, Justice William J. Brennan Jr.
Did the Supreme Court in Texas v Johnson find that flag burning constituted speech quizlet?
Terms in this set (24)
Did the Supreme Court in Texas v. Johnson find that flag burning constituted "speech?" yes, because this conduct was intended to convey a particular message.
What ruling did the Supreme Court make regarding flag burning in Texas vs Johnson quizlet?
in a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature.
Did the Supreme Court in Texas v Johnson find that flag burning constituted speech?
Johnson. Texas v. Johnson, legal case in which the U.S. Supreme Court ruled (5–4) on June 21, 1989, that the burning of the U.S. flag is a protected form of speech under the First Amendment to the U.S. Constitution.
How would prohibiting flag burning prevent breaches of the peace according to Texas did the Court accept the State's argument to this effect?
The court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. The court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity.
How would prohibiting flag burning prevent breaches of the peace according to Texas?
People might react violently to flag burning. However, according to the Court, prohibiting flag burning would not prevent "breaches of the peace" because Johnson's conduct did not threaten to disturb the peace. 3. According to the Court, Texas asserted an interest in preserving the flag as a symbol of national unity.Aug 24, 2020
How does the First Amendment protect and limit the freedom of expression?
It forbids Congress from both promoting one religion over others and also restricting an individual's religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.
What chapter is the Texas flag?
The provisions regarding the Texas state flag, including information on its display, are in Chapter 3100 of the Texas Government Code. See the Texas Flag Resources box on this page for additional information regarding the Texas flag.
What is the flag code?
The Flag Code includes information about manner of display of the flag and use by civilians. Title 18, Chapter 33, Section 700 describes penalties for desecration of the flag. This chapter discusses patriotic customs and observances. These laws are supplemented by executive orders and presidential proclamations.
When was the first national flag day?
Flag Day, June 14th. On June 14, 1916, President Woodrow Wilson issued a presidential proclamation establishing June 14th as national Flag Day. On this day in 1777, the Continental Congress adopted the "Stars and Stripes" design.
What is section 700?
Section 700 in Title 18 of the U.S. Code. Title 18, Chapter 33, Section 700 describes penalties for desecration of the flag. Chapter 1 in Title 36 of the U.S. Code. This chapter discusses patriotic customs and observances. These laws are supplemented by executive orders and presidential proclamations.