Explain how the Tinker v Des Moines and Texas v Johnson Supreme Court cases are related. Explain the effects) these cases have on US citizens.
Tinker v Des Moines and Texas v Johnson are two Supreme Court cases that both deal with the issue of free speech and specifically the freedom of expression through symbolic speech.
Tinker v Des Moines (1969) involved a group of students in Des Moines, Iowa, who wore black armbands to school to protest against the Vietnam War. The school administrators considered this protest disruptive and prohibited the wearing of armbands, leading to the suspension of the students. The Supreme Court, in a landmark decision, ruled that the students' symbolic speech was protected by the First Amendment of the Constitution. The Court established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This case set a significant precedent for protecting students' freedom of expression within the confines of public schools.
Texas v Johnson (1989) revolved around Gregory Lee Johnson, who burned an American flag during a protest at the 1984 Republican National Convention in Dallas, Texas. Johnson was charged with violating a Texas statute that prohibited desecration of the flag. The Supreme Court, in another landmark decision, declared that Johnson's act of flag burning was a form of protected symbolic speech. The Court held that the government could not prohibit the expression of an idea merely because society found it offensive or disagreeable. This case reaffirmed the principle that expressive conduct, even if offensive, is protected by the Constitution.
The effects of these cases on US citizens are significant. Tinker v Des Moines ensured that students' free speech rights are protected within the school environment, granting young individuals the ability to peacefully express their opinions on important issues. This decision empowered students to engage in political and social activities without fear of unjust restrictions or punishments.
Texas v Johnson reinforced the principle of protected symbolic speech for all citizens, underscoring the importance of the First Amendment in safeguarding even controversial forms of expression. This ruling affirmed that the government cannot restrict speech based on its offensiveness, highlighting the value of free expression in fostering a robust democracy.
In summary, both Tinker v Des Moines and Texas v Johnson defend the fundamental right to free speech and expression, setting precedents that have had long-lasting effects on US citizens. These cases have helped to solidify the principles of the First Amendment and have contributed to the promotion of a more open and inclusive society.