Case Analysis Texas V. Johnson Essay - 801 Words

Elloheim Tucker CRJ 201 Fall 2016 Dr. Cretacci I. Name: Texas v. Johnson II. Legal Citation: 491 U.S. 397 (1989) III. Statement Facts: The respondent was involved in a political demonstration where he had drenched the American flag with kerosene and lit it on fire. Respondent was charged and convicted of the illegal act of desecration of the flag. The criminal appeals reversed the conviction and said that petitioner could not prosecute the respondent for burning the flag as a part of political speech because it was his use of the first amendment. â€Å"Petitioner sought a writ of certiorari to determine whether the conviction was consistent with U.S. constitution amendment, The Supreme Court found that it was not† The Court held that petitioner s interest in preventing breaches of the peace did not support respondent s conviction because his conduct did not threaten to disturb the peace. Plus, petitioner s interest in preserving the flag as a symbol of society and our nation did not justify the criminal conviction for involving his self in political expression. IV. Issue: Does the defendant’s burning of the flag constitute expressive conduct of the first amendment , which will give him a chance to invoke the first amendment of the United States Constitution? V. Holding and Action: Yes. Affirmed. VI. Rationale: In many cases people throughout the united states tend to express their use of the first amendment. One of the parts to the first amendment is the freedom of speech.Show MoreRelatedEssay on Case Analysis Texas V. Johnson1292 Words   |  6 Pages________________________________________ 491 U.S. 397 Texas v. Johnson CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS ________________________________________ No. 88-155 Argued: March 21, 1989 --- Decided: June 21, 1989 This case analysis of Texas v. 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