Analyze the reason that Supreme Court found the burning of a flag to be protected free speech as it did in Texas v Johnson
This action is legal as long as it is done in respectful manner in order to dispose of an old flag
This action, if done on private property, is within the rights of a private citizen
This action did not defame or insult anyone l. It created no ham
This action is symbolic speech. The action symbolizes a viewpoint
The Supreme Court found the burning of a flag to be protected free speech in the case of Texas v Johnson primarily because it falls under the category of symbolic speech. Symbolic speech refers to actions or conduct that convey a particular message or viewpoint, similar to traditional forms of speech like written or verbal expression.
In this case, the act of burning a flag was seen as a symbolic expression of the defendant's viewpoint or protest against the government's policies. The Court reasoned that the act itself had a distinct message and was intended to convey a critical viewpoint, making it deserving of constitutional protection.
Furthermore, the Court deemed that this symbolic speech did not cause any harm or direct incitement of violence. The act of flag burning, if done in a respectful manner such as disposing of an old flag, was viewed as a non-violent form of expression and not as a direct attack on others or their rights.
Moreover, it was highlighted that if the act took place on private property, it would fall within the rights of a private citizen. This indicates that individuals have the right to express themselves, even controversially, within the confines of their own property.
Overall, the Supreme Court's reasoning in Texas v Johnson was based on the understanding that symbolic speech is a valid form of expression protected by the First Amendment. As long as the act does not defame or insult others, cause harm, or incite violence, it is considered an exercise of free speech rights.