Texas v. Johnson [SCOTUSbrief]

At the 1984 Republican National Convention, Gregory Lee Johnson burned the United States flag in protest of the Reagan Administration’s policies.
Johnson was convicted of violating a Texas law banning the desecration of a venerated object, but he appealed his case all the way to the Supreme Court, arguing that his actions were protected under the First Amendment.
Is burning a flag considered speech? If so, does it merit First Amendment protection? Prof. David Forte of Cleveland-Marshall College of Law explores the concepts of expressive conduct and controversial speech in Texas v. Johnson.
#law #firstamendment #freespeech
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Learn more about Prof. David Forte:
www.law.csuohi...
*******
Related Links & Differing Views:
SCOTUSblog: “The Least Popular Dissent”
www.scotusblog...
The First Amendment Encyclopedia: “Texas v. Johnson”
www.mtsu.edu/f...
Global Freedom of Expression: “Texas v. Johnson”
globalfreedomo...
Iowa Law Review: “Flag Burning and the Constitution”
chicagounbound...
University of Baltimore Law Forum: “Recent Developments: Texas v. Johnson: FlagBurning as Protest Protected within Context of First “Amendment
scholarworks.l...
Pepperdine Law Review: “Texas v. Johnson: The Constitutional Protection of Flag Desecration”
digitalcommons...

[@whocansaynow]

I mean, they should be able to prosecute him for theft or criminal mischief. But I cannot understand this idolatry around the flag. If a person buys a flag himself… He should be free to do with it what he likes as long as it doesn’t endanger anyone else. It’s an object not a person.

[@popscoulter7587]

It's not idolatry. It's respect. I've got friends and family who were buried under the flag. I agree that, if you own the flag you can burn it or do whatever you want, but if you do it in my presence there will be consequences.

[@bigbrain1858]

@whocansaynow I totally agree with you. People in todays society lack logic and reasoning. At the end of the day, it's just a flag & nobody got hurt.

[@whocansaynow]

All actions have consequences. If you believe that violence should punish free speech.... I hope there aren't a lot of folks like you because if there are we will be enveloped in totalitarianism before we know it. @@popscoulter7587

[@Kosher_Slider]

@@popscoulter7587so if my freedom of speech offends you, you will infringe on my rights? Sounds like the people who died for our “freedom” then died for nothing, if we aren’t allowed to express freedom of speech that people don’t agree with.

[@lilychalk7838]

Thank you for the explanation, the imagery really helped keep my attention

[@maxcohen13]

You cannot sail the high seas if you sink your ship. Foundation must be considered.

[@jebremocampo9194]

But what about stealing and destruction of property (public or private)? I am upset that the people who stole were not charged with stealing and johnson for destruction of property. I hate people who destroy property that is not theirs and try to use "freedom of expression".

[@holycrapchris]

The purpose of the video is to cover the SCOTUS case. Maybe some of the other demonstrators were charged with theft of property, but those charges didn't present any constitutional question.

[@user-cr9of2tn5q]

That’s a separate issue

[@TheApocalypseRace]

Woooooooooow u got a whole 800 views on this video?