Description
If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. . . ."
-Justice William Brennan, speaking for the majority
Read the case of Texas v. Johnson, 491 U.S. 397 (1989),What is symbolic speech? When is it protected?
Notice that this case arose as part of political activity, and it became a national-level touchstone issue. Let's assume that you are each assigned as members of a legal analysis team at a think tank back at that time. Each of you has been asked by your candidates to analyze this matter from different perspectives.
First (and Fifth, Ninth, etc.) Student to Make Initial Post: Provide a legal analysis of the Strengths of this case and this area of law. Defend your answer with academic quality resources.
Second (and Sixth, Tenth, etc.) Student to Make Initial Post: Provide a legal analysis of the Weaknesses of this case and this area of law. Defend your answer with academic quality resources.
Third (and Seventh, Eleventh, etc.) Student to Make Initial Post: Provide a legal analysis of the legal Opportunitiesthat this case presents and this area of law. Defend your answer with academic quality resources.
Fourth (and Eighth, Twelveth, etc.) Student to Make Initial Post: Provide a legal analysis of the legal Threatspotentially presented by this case and this area of law. Defend your answer with academic quality resources.
All Responsive Posts: Make logical arguments that oppose those presented in someone else's initial post.
**NOTE: You must cite sources in Bluebook format to support and defend your position. Remember to post your initial comments [at least 500 words (which is the equivalent of 1.5 typed pages, double spaced)]
Explanation & Answer
Hello! hope you are doing fine I have had challenges trying to find the blue book format, but if you could send me a sample of work you have done in blue book I could use it.. currently I have used APA
Running Head: TEXAS V. JOHNSON
1
TEXAS V. JOHNSON
Institutional Affiliation
Date:
TEXAS V. JOHNSON
2
In light of this circumstance, Johnson's burning of the banner constituted expressive
behavior, enabling him to call upon the First Amendment. The State yielded that the direct was
expressive. Happening as it did toward the end of a demonstration concurring with the
Republican National Convention; the expressive, obviously political nature of the behavior was
both deliberate and overwhelmingly evident. The State proved unable, consistent with the First
Amendment; punish Johnson for consuming the banner in these conditions (Goldstein, 2000).
The Court of Criminal Appeals sta...
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