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Sunday, September 22, 2013

Case Briefs

TEXAS v. JOHNSON SUPREME judicatory 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 tout ensembleas sustain 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 shape was fetching place, appellant Johnson burned an American wilt in face up of Dallas City Hall in profess 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 startle Amendment rights to emblematical speech. The state countered with the interests of preserving the flag as symbol of national accordance and preventing breaches of peace. ISSUE: Does the Texas statute against the desecration of an American flag re vile a saved form of speech under the First Amendment? HOLDING: Yes. Texas statue is a violation of the First Amendment. Affirmed. Rationales from Brennans bulk opinion: R1: harmonize to the Court, the law did non outlaw a maneuver hardly an port. Expression is a form of speech that is defend by the First Amendment.
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R2: Audience taking offense to expressions or ideas does not justify bans of speech, as the Court found. The Government cannot repeal the expression of an idea simply be driveway society finds the idea itself anxious or disagreeable. Rehnquist dissent: The uniqueness of the flag is just cause for th e governance to prohibit the act of flag bu! rning. The First Amendment does not tell the right to employ every conceivable regularity 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, Decided PROCEDURAL HISTORY: The...If you want to bug out a plenteous essay, order it on our website: OrderCustomPaper.com

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