.

Saturday, January 25, 2014

Case Briefs

TEXAS v. JOHNSON SUPREME court of justice OF THE join STATES 491 U.S. 397 March 21, 1989, Argued; June 21, 1989, Decided adjective accounting: The Court of Appeals for the Fifth District of Texas at D everyas bear on the constitutionality of mandates in question. Texas Court of Criminal Appeals reversed. Supreme Court of the unify States give certiorari. FACTS: In 1984, while the Republican National congregation was fetching place, appellant Johnson burned an American wilt in face up of Dallas City Hall in sound off to the policies of the Reagan administration. Johnson was charged with misdemeanor of a Texas enactment against the desecration of a venerated object. The appellant claimed statute was in violation of his introductory Amendment rights to emblematical speech. The state countered with the interests of preserving the flag as symbol of national unison and preventing breaches of peace. ISSUE: Does the Texas statute against the desecration of an American flag maltreat a saved form of speech under the First Amendment? HOLDING: Yes. Texas statue is a violation of the First Amendment. Affirmed. Rationales from Brennans volume opinion: R1: harmonize to the Court, the law did non outlaw a leave hardly an port. Expression is a form of speech that is saved by the First Amendment. R2: Audience taking offense to expressions or ideas does not justify bans of speech, as the Court found. The Government cannot nix the expression of an idea simply be induce society finds the idea itself loathly or disagreeable. Rehnquist dissent: The uniqueness of the flag is just cause for the governance to prohibit the act of flag burning. The First Amendment does not tell the right to employ every conceivable order of colloquy at all times and in all places, as decided in City Council of Los Angeles v. Taxpayers for Vincent. SAFFORD v. REDDING SUPREME COURT OF THE UNITED STATES 577 U.S. ___ April 21, 2009, Argued; June 25, 2009, Deci ded PROCEDURAL HISTORY: The...If you want t! o pass a plenteous essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper

No comments:

Post a Comment