Analyze the reason that the Supreme Court found the burning of a flag to be protected free speech as it did in texas v jhonson
a.This action did not defame or insult anyone. It created no harm.
b.This action is symbolic speech. The action symbolizes a viewpoint. *my A
c.This action, if done on private property, is within the rights of a private citizen.
d.This action is legal as long as it is done in a respectful manner in order to dispose of an old flag.
I agree with you.
what are the answers
The reason the Supreme Court found the burning of a flag to be protected free speech in Texas v Johnson is primarily because the action is considered symbolic speech, representing a viewpoint. This is supported by the First Amendment, which protects freedom of speech. The Court concluded that burning a flag is an expressive act that conveys a particular message or statement. Therefore, it is protected under the Constitution.
It is important to note that the Court's decision was not based on whether the action defamed or insulted anyone or created harm. It was also not dependent on the location of the flag burning. Additionally, the Court did not establish any requirements regarding the respectful disposal of an old flag in order for the action to be legal.
The correct answer is b. This action is symbolic speech. The action symbolizes a viewpoint.
To further analyze the reason why the Supreme Court found the burning of a flag to be protected free speech in texas v johnson, we need to understand the background of the case and the legal reasoning behind the decision.
In texas v johnson, the defendant, Gregory Lee Johnson, burned an American flag in protest during the 1984 Republican National Convention in Dallas, Texas. Johnson was charged with violating a Texas law that prohibited the desecration of a venerated object, which included the American flag. His conviction was initially upheld by the Texas Court of Criminal Appeals, but it was eventually appealed to the Supreme Court.
The Supreme Court, in a landmark decision, ruled in favor of Johnson and declared that his burning of the American flag was protected under the First Amendment's guarantee of freedom of speech. The Court's reasoning was based on the concept that this action constituted symbolic speech.
Symbolic speech is an expressive act that communicates a particular message or viewpoint without the use of words. In this case, the act of burning the American flag was viewed as a symbolic expression of Johnson's strong political dissent or disapproval.
The Court emphasized that the government cannot prohibit the expression of an idea simply because society finds it offensive or disagreeable. Protecting speech that some may find offensive is a fundamental aspect of the First Amendment, as it ensures a free exchange of ideas and robust public discourse.
The majority opinion, written by Justice William Brennan, stated that the flag-burning was "conduct intended to convey a particularized message," and therefore fell within the realm of protected expression. The Court recognized that the symbolic act of flag-burning was a powerful form of protest, capable of conveying a variety of political, social, and ideological messages.
It is important to note that the Court's decision specifically addressed the act of flag-burning as a form of political protest, and does not extend to other forms of flag desecration that may involve physical harm or destruction.
In summary, the reason why the Supreme Court found the burning of a flag to be protected free speech in texas v johnson was because the act was deemed to be symbolic speech, expressing a particular viewpoint or message. This recognition underscores the importance of protecting even controversial and unpopular expressions in a democratic society.