Law Midterm Review.pdf - Midterm Review-casesTexas v Johnson \u2013 1st amendment Gregory Lee Johnson burned an American flag outside of the convention

Law Midterm Review.pdf - Midterm Review-casesTexas v...

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Midterm Review: -cases- Texas v. Johnson – 1st amendment Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case. The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. The majority noted that freedom of speech protects actions that society may find very offensive, but society's outrage alone is not justification for suppressing free speech. Tinker v. Des Moines – 1st amendment At a public school in Des Moines, Iowa, students organized a silent protest against the Vietnam War. Students planned to wear black armbands to school to protest the fighting but the principal found out and told the students they would be suspended if they wore the armbands. Despite the warning, students wore the armbands and were suspended. During their suspension the students' parents sued the school for violating their children's right to free speech. A U.S. district court sided with the school, ruling that wearing armbands could disrupt learning. The students appealed the ruling to a U.S. Court of Appeals but lost and took their case to the United States Supreme Court. In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students' free rights should be protected and said, "Students don't shed their constitutional rights at the schoolhouse gates." Hazelwood V. Kuhlmeier – 1st amendment Journalism students in Hazelwood East High School in St. Louis produced a school sponsored and funded newspaper called the Spectrum. One issue featured stories on teen pregnancy and divorce. The school's principal thought the stories were inappropriate and prior to the publication, he deleted the two pages containing the offensive stories without telling the journalism students. The students were upset because they had not been given the opportunity to make changes, and because several other non-offensive articles were also deleted when the
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pages were removed. The students felt their First Amendment rights had been violated and took their case to the U.S. District Court for the Eastern District of Missouri. The court sided with the school, ruling that the school had the authority to remove the articles written as part of the school's curriculum. The students appealed the decision to the U.S. Court of Appeals for the Eighth Circuit. The appeals court reversed the lower court, finding that the paper was a "public
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  • Fall '08
  • bAum
  • Supreme Court of the United States, First Amendment to the United States Constitution, United States Supreme Court

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