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legal research final flag burning. June 8, 2007 Legal Research Flag Burning
Joey Three Guns Johnson "The flag uniquely symbolizes ...
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Submitted by jordanm143 on July 29, 2007
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June 8, 2007
Legal Research
Flag Burning
Joey Three Guns Johnson
"The flag uniquely symbolizes ideas of liberty equality, and tolerance." These words were spoken in a dissent of Supreme Court Justice John Paul Stevens after the conviction of a Texas man was overturned. Texas v. Johnson 205 U.S. 34 is probably the most famous case involving flag burning because the limitations of the First amendment were extended henceforth.
In Texas v. Johnson, Gregory Lee "Joey Three Guns" Johnson was convicted of desecrating a venerated object in accordance with Texas statute Penal Code Ann. ยง 42.09(a)(3) (1989), after he burned an American flag at a Republican rally in Dallas. Johnson was jailed and fined. Of course ol' Joey Three Guns couldn't just sit there and take it; especially since he was one of only four non-Republicans in Texas at the time. Johnson appealed the case and lost in an intermediate appellate court. However, the Texas Court of Criminal Appeals, or the very highest court in Texas, overturned the conviction, stating that the flag was burned lawfully. Because of the extremity of the case, the Supreme Court granted certiorari. The decision was 5-4 in favor of Three Guns and his fiery act of displeasure. Johnson's First Amendment right of freedom of speech had been extended to an act of expression that was formerly against the law.
Of course we know now that the First Amendment protects not only spoken word, but also written words and now what is called "symbolic expression." However, several landmark cases have shaped the bounds of the Amendment that we now take for granted as protecting written works and acts of expression. Along with this freedom of expression in relationship to acts, flag desecration has a long history in the United States legal system. Before discussing the freedom of expression relating to desecrating an American flag, I will give a short history of such desecration and its ironic importance....
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