Flag burning and free speech

the case of Texas v. Johnson

Author: Robert Justin Goldstein

Publisher: Univ Pr of Kansas


Category: History

Page: 269

View: 4285

When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.

Flag Burning and Free Speech

The Case of Texas V. Johnson

Author: Robert Justin Goldstein

Publisher: N.A

ISBN: 9780700610532

Category: Law

Page: 269

View: 5963

Discusses laws, court challenges, and issues regarding flag burning in the United States.

Perilous Times

Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism

Author: Geoffrey R. Stone

Publisher: W. W. Norton & Company

ISBN: 9780393058802

Category: History

Page: 730

View: 2894

An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

The First Amendment

Transcripts of the Oral Arguments Made Before the Supreme Court in Sixteen Key First Amendment Cases

Author: Peter H. Irons

Publisher: N.A

ISBN: 9781565844872

Category: History

Page: 262

View: 479

Actual recorded oral arguments leading to landmark rulings, ranging from issues of obscenity and libel to Vietnam War protest, confidentiality of reporters' sources, the rights of gay men and lesbians, and high school newspaper censorship.

Texas V. Johnson

The Flag Burning Case

Author: J. Anthony Miller

Publisher: Enslow Pub Incorporated

ISBN: 9780894908583

Category: Juvenile Nonfiction

Page: 112

View: 951

Covers the case of Texas v. Johnson, in which the question before the court was whether flag burning is an activity protected by the Bill of Rights.

Cengage Advantage Books: Introduction to Business Law

Author: Jeffrey F. Beatty,Susan S. Samuelson

Publisher: Cengage Learning

ISBN: 1305445848

Category: Business & Economics

Page: 720

View: 8506

Using an innovative storytelling style to bring cases and legal concepts to life, INTRODUCTION TO BUSINESS LAW, 5E presents a full range of business law topics in a series of brief, quick-reading chapters. The text delivers succinct coverage of core business law topics, emphasizes the business applications of chapter concepts, and includes summarized cases to illustrate the point of law. The fifth edition includes all-new chapters on LLCs and employment discrimination, new Case Questions, and a new emphasis on social media issues throughout. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Burning the Flag

The Great 1989-1990 American Flag Desecration Controversy

Author: Robert Justin Goldstein

Publisher: Kent State University Press

ISBN: 9780873385985

Category: History

Page: 453

View: 5842

In 1989 a political fire storm erupted after the United States Supreme Court declared that dissidents had the constitutional right under the First Amendment to burn the flag. To some, including President George Bush and many members of Congress, the flag was a sacred symbol of American freedoms. They believed its physical destruction posed a serious threat to the country and demanded a constitutional amendment to reverse the Court's decision. For those who defended the Court's ruling, flag desecration was a form of constitutionally protected free speech, and any attempt to forbid such conduct was seen as creating a dangerous precedent. Burning the Flag brings together the disciplines of law, journalism, political science, and history to explain and place the development of the controversy in its full context. It is based on extensive research in legal, congressional, and journalistic sources and on exclusive interviews with nearly 100 of the key players in the dispute, among them flag burners, judges, lawyers and lobbyists on both sides, members of Congress, congressional aides, and journalists. A timely addendum chronicles the late 1995 attempts once again to pass a constitutional amendment on flag desecration, adding to the significance of this readable account. Burning the Flag will be of value to both an academic and a general audience, particularly to civil libertarians, flag buffs, and those interested in popular media, American politics, modern American history, and constitutional law.

The Justice of Contradictions

Antonin Scalia and the Politics of Disruption

Author: Richard L. Hasen

Publisher: Yale University Press

ISBN: 0300228643

Category: Biography & Autobiography

Page: 248

View: 4347

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.

Flag Burning

Moral Panic and the Criminalization of Protest

Author: Michael Welch

Publisher: Aldine De Gruyter

ISBN: 9780202306513

Category: Political Science

Page: 220

View: 9408

Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.

Constitutional Cultures

The Mentality and Consequences of Judicial Review

Author: Robert F. Nagel

Publisher: Univ of California Press

ISBN: 9780520082786

Category: Law

Page: 232

View: 7662

Desecrating the American Flag

Key Documents of the Controversy from the Civil War to 1995

Author: Robert Justin Goldstein

Publisher: Syracuse University Press

ISBN: 9780815627166

Category: History

Page: 338

View: 8450

This comprehensive, edited, and annotated collection of critical documents relating to controversies concerning whether desecration of the American flag should be outlawed or legally protected.

The Bluebook

A Uniform System of Citation

Author: N.A

Publisher: N.A

ISBN: 9789998255289

Category: Citation of legal authorities

Page: 415

View: 5157

Provides a guide to legal citation information inthe United States. Compiled from the Columbia LawReview, 105th edition, c2005; Harvard Law Review,118th edition, c2005; Univ. of Pennsylvania LawReview, 153rd edition, c2005; and the Yale LawJournal, 114th edition, c2005. New edition offersthe Bluepages for beginning law students.

How to Save a Constitutional Democracy

Author: Tom Ginsburg,Aziz Z. Huq

Publisher: N.A

ISBN: 022656438X

Category: Law

Page: 320

View: 8636

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the "enemy of the American people," or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage--or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries' experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights--such as those enshrined in the First Amendment--do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution's design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details--often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution--the First Amendment, for example--may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we--and the rest of the world--can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Fighting Words

Individuals, Communities, and Liberties of Speech

Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 9781400821679

Category: Philosophy

Page: 206

View: 3869

Should "hate speech" be made a criminal offense, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When the American flag is burned in protest, what rights of free speech are involved? In a lucid and balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, acclaimed First Amendment scholar Kent Greenawalt now addresses a broad general audience of readers interested in the most current free speech issues.

Constitutional Law for a Changing America

Rights, Liberties, and Justice

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1483384039

Category: Political Science

Page: 848

View: 3626

Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. In Constitutional Law for a Changing America: Rights, Liberties, and Justice, Ninth Edition authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.

Saving "Old Glory"

The History of the American Flag Desecration Controversy

Author: Robert Justin Goldstein

Publisher: N.A


Category: History

Page: 263

View: 9816

In this, the first comprehensive historical analysis of the debate over the desecration of the American flag, Robert Justin Goldstein takes us from the 1989 flagburning incident that ignited an emotionally charged controversy across the nation back to the very origins of the flag as a symbol of America. It may surprise some present-day flag-protectionists to learn that the flag did not become an object of veneration until the end of the Civil War, when groups of ultra-patriotic citizens and veterans lobbied hard to give it unique status as a symbol of the nation.

Presidents of War

Author: Michael Beschloss

Publisher: Crown

ISBN: 0804137013

Category: History

Page: 752

View: 8778

From a preeminent presidential historian comes a groundbreaking and often surprising saga of America’s wartime chief executives Ten years in the research and writing, Presidents of War is a fresh, magisterial, intimate look at a procession of American leaders as they took the nation into conflict and mobilized their country for victory. It brings us into the room as they make the most difficult decisions that face any President, at times sending hundreds of thousands of American men and women to their deaths. From James Madison and the War of 1812 to recent times, we see them struggling with Congress, the courts, the press, their own advisors and antiwar protesters; seeking comfort from their spouses, families and friends; and dropping to their knees in prayer. We come to understand how these Presidents were able to withstand the pressures of war—both physically and emotionally—or were broken by them. Beschloss’s interviews with surviving participants in the drama and his findings in original letters, diaries, once-classified national security documents, and other sources help him to tell this story in a way it has not been told before. Presidents of War combines the sense of being there with the overarching context of two centuries of American history. This important book shows how far we have traveled from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race.

Discrediting the Red Scare

The Cold War Trials of James Kutcher, "The Legless Veteran"

Author: Robert Justin Goldstein

Publisher: N.A

ISBN: 9780700622252

Category: Law

Page: 224

View: 3933

The story of an American World War II veteran who lost both legs in combat, and whose long-running battle against a variety of types of persecution directed against him during the post-War Red Scare helped to seriously discredit it.