Free Speech, Texas v. Johnson

[A18]

Texas v. Johnson, 491 U.S. 397 (1989)

During the 1984 Republican National Convention in Dallas, Texas, respondent Johnson participated in a political demonstration to protest the policies of the Reagan administration and some Dallas-based corporations. After a march through the city streets, Johnson burned an American flag while protesters chanted. No one was physically injured or threatened with injury, although several witnesses were seriously offended by the flag burning. Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a State Court of Appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances. 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. It also held that the statute did not meet the State's goal of preventing breaches of the peace, since it was not drawn narrowly enough to encompass only those flag burnings that would likely result in a serious disturbance, and since the flag burning in this case did not threaten such a reaction. Further, it stressed that another Texas statute prohibited breaches of the peace and could be used to prevent disturbances without punishing this flag desecration.

Held: Johnson's conviction for flag desecration is inconsistent with the First Amendment.

[I spent the winter writing songs about getting better]

right decision.

[A18]

I didn't ask if you thought it was the right decision. I asked if it was constitutionally sound. I realize that in your case, there's a big difference between those two.

[I spent the winter writing songs about getting better]

It was constitutionally sound as well. If flag burning is not protected by the first amendment, neither is burning an effigy.

[A18]

One of the points Scalia made during the oral argument was that there was no coherent distinction between burning the American flag, burning a copy of the Constitution, burning the Texas flag, or burning the state flower.

[Emsworth]

Constitutionally sound.

The public burning of objects--whether flags or anything else--might in certain circumstances be prohibited for environmental reasons. However, the purpose of the Texas statute was obviously not to protect against pollution. It was to repress the burning of a specific object due to its symbolic value. This regulation of speech is inconsistent with the First Amendment.

[MaC]

Sound, I still like Rehnquist's dissent though: (paraphrase) "There's no essential difference between flag burning and an inarticulate grunt, not used to express any particular idea, but to antagonize others"

I am curious though, was the intent on protesting Reagan or was it to antagonize?

[Ebowed]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

[MaC]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

grow up

[MasterJedi]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

grow up

That would be impossible.

[MaC]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

grow up

That would be impossible.

Sad thing, he used to be a rather good poster.  Not that he was ever 100% libertarian or anything, but he didn't provoke people like he does now.

[Joe Republic]

Apparently your tongue-in-cheek detectors seem to be faulty, guys.

[Undisguised Sockpuppet]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

lol

[Ebowed]

he used to be a rather good poster.  Not that he was ever 100% libertarian or anything

Because that's how we determine poster quality.

[??????????]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

grow up

That would be impossible.

Sad thing, he used to be a rather good poster.  Not that he was ever 100% libertarian or anything, but he didn't provoke people like he does now.

Duh. He's a total pos now.

[minionofmidas]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

I agree that that would be certainly preferable - though doing neither still beats it hands down.

[I spent the winter writing songs about getting better]

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

I agree that that would be certainly preferable - though doing neither still beats it hands down.

[Kaine for Senate '18]

Sound.  No one was injured, and if the Court upheld "F**ck the Draft", then it should uphold this.

[Хahar 🤔]

Completely sound. If it wasn't there would be no reactionaries looking for a flag-burning amendment.

The Pledge of Allegiance should be replaced in schools with a morning flag burning.

But that would create more greenhouse gases.

[Senator Robert A. Taft]

Constitutionally sound decision.  Flag burning is 100% protected under the First Amendment.

[nclib]

Constitutionally sound.

The public burning of objects--whether flags or anything else--might in certain circumstances be prohibited for environmental reasons. However, the purpose of the Texas statute was obviously not to protect against pollution. It was to repress the burning of a specific object due to its symbolic value. This regulation of speech is inconsistent with the First Amendment.

^^^^^^^

And the act of burning a flag is not even the most atrocious act protected under free speech.

[Mechaman]

Flag burning is free speech. Plus, if it's really cold outside and you need to start a fire......

[dead0man]

sound. 

I don't care if you burn a flag.  Sometimes you'll run into "public burning" laws or something.  If I can't burn my leaves in the street, why can I burn a flag?  Probably not very good for the environment either.  Also, if you steal a flag to burn you should be prosecuted to the full extent of the law.  Past that, knock yourself out.

[opebo]

The question is somewhat absurd, but obviously I support flag burning and a court which allows it.