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Constitution

"The problem is whether, under our Constitution, compulsion as here employed is a permissible means for its achievement."(9-12)

First Amendment

Texas v. Johnson Majority Opinion

"We decline, therefore, to create for the flag an exception to the joust of principles protected by the First Amendment..."(1-2)

What earlier points of law does Justice Brennan use to support the Court's opinion in this case?

The National Anthem

"...one of the proudest images of our flag, the one immortalized in our own national anthem, is of the bombardment it survived at Fort McHenry. It is the Nation's resilience, not its rigidity, that Texas sees reflected in the flag..."(31-35)

Abrams v. United States

"...we submit that nobody can suppose that this one gesture of an unknown man will change our Nation's attitude towards its flag [Abrams v. United States]. Indeed, Texas' argument that the burning of an American flag 'is an act having a high likelihood to cause a breach of peace, .... tend to confirm that the flag's special role is not in danger..."(17-21;23-24)

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