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Texas vs. Johnson
Transcript of Texas vs. Johnson
He was convicted, sentenced to one year in prison, and fined $2,000 Johnson appealed his conviction to the Fifth Court of Appeals of Texas, but he lost this appeal
The Texas Court of Criminal Appeals overturned his conviction because...
THE FIRST AMENDMENT They claimed that Johnson was protected under
the first amendment and could not be punished
by the state of Texas because he was exhibiting
symbolic speech. The case finds its way to the United States Supreme Court... The state of Texas asked the Supreme Court to review the case The Reinquist Court presided over the case (1988-1990) The Court's Decision... In a 5-4 decision, the court ruled in
favor of Johnson. They said Johnson's
burning of the was protected expression
under the First Amendment. Chief Justice William H. Reinquist Vocabulary Terms: Demonstation- (noun) the act or circumstance of proving or being proved conclusively, as by reasoning or a show of evidence
Protest- (verb) to give manifest expression to objection or disapproval; remonstrate
Conviction- (noun) a fixed or firm belief
Appeal- (verb) to apply for review of a case or particular issue to a higher tribunal.
Symbolic- (adjective) serving as a symbol of something (www.dictionary.com) Legal Concepts...
separation of powers & checks and balances
necessary and proper clause
important advocate for a judiciary that interprets rather than makes law
stressed the importance of first amendment protections
understood limitations on power
considered a conservative
important cases such as: Nixon vs. U.S. and Texas vs. Johnson
Important question to consider...
Is the desecration of an American flag, by burning or
otherwise, a form of speech that is protected under the First Amendment? Voted for the majority opinion:
Harry A. Blackmun
William J. Brennan Jr.
Voted for the minority opinion:
William H. Reinquist
Sandra Day O'Connor
John Paul Stevens
Impact: The consequences of Texas vs Johnson still have effects today, and the issue still remains controversial. There are many mixed feelings over the topic.
On the constitutional level, Texas vs Johnson has fueled several bills proposed by Congress that would prohibit flag burning in the United States on a national level.