Explain how the Tinker v Des Moines and Texas v Johnson Supreme Court cases are related. Explain the effect(s) these cases have on US citizens.
The Tinker v. Des Moines and Texas v. Johnson Supreme Court cases are related in that both cases deal with the issue of freedom of speech, specifically in the context of symbolic expression. These cases have had significant effects on U.S. citizens as they helped solidify the protection of free speech and expression under the First Amendment.
The Tinker v. Des Moines case took place in 1969 and involved three students who decided to wear black armbands to school to protest the Vietnam War. The school administrators, fearing that the armbands would disrupt the learning environment, suspended the students. The Supreme Court ultimately ruled in favor of the students, stating that their symbolic expression was protected by the First Amendment as long as it did not cause a substantial disruption to the educational process.
This case had a profound impact on U.S. citizens as it established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." It recognized that students have a right to express themselves and engage in peaceful protests as long as it does not significantly disrupt the normal functioning of the school. This ruling established a precedent for protecting students' free speech rights within the school environment.
Similarly, the Texas v. Johnson case, decided in 1989, involved the burning of the American flag as a form of protest. Gregory Johnson burned an American flag during the 1984 Republican National Convention to express his disagreement with certain government policies. He was arrested and convicted under a Texas law that prohibited flag desecration.
The Supreme Court, however, overturned the conviction, ruling that flag burning is a form of symbolic speech protected under the First Amendment. The Court argued that freedom of speech includes the right to express ideas that are offensive or unpopular. This decision reaffirmed the broad protection of free speech, even when that speech is seen as unpatriotic or offensive to some.
The effect of these cases on U.S. citizens is that they have strengthened the protections of free speech and expression under the First Amendment. They have established that individuals, including students and protestors, have the right to engage in symbolic expression as long as it does not cause significant disruption or harm. These cases recognize the importance of allowing diverse and sometimes controversial viewpoints to be expressed, ensuring that citizens can criticize, protest, and challenge existing norms and policies without fear of legal repercussions.