FREEDOM OF EXPRESSION plays an important role in the doctrines of human liberty. However not every country grants this right to its citizens. There are many countries in the world where freedom of expression is still a contentious issue and which have been categorized by Freedom House as not being entirely free. The United States of America is one country where the constitution gives every American the freedom of speech and expression. However there have been cases where American citizens have misused this law to their own advantage. Freedom of expression and speech is a right to use and not to abuse. Amongst some of these examples are the famous cases of Texas vs. Johnson, Reno vs. ACLU, and Rav vs. St. Paul. These were landmark decisions in deciding the parameters of free expression. One of the most famous cases was the case of Texas vs. Johnson.
This case pitted the state of Texas vs. Gregory lee Johnson. Johnson soaked an American flag in kerosene during the 1984 Republican Convention in Dallas, Texas. after dousing it in kerosene he burnt it in front of the convention centre to protest against the policies of the Ronald Regan administration. Other protestors who chanted along with the burning of the flag accompanied him. This got him arrested because there it was the law of Texas, which prohibited any citizen to intentionally or knowingly desecrate the flag of the United States of America. He was found guilty of his crime and sentenced to one year in prison and ordered to pay a fine.
He appealed his conviction to the United States Supreme Court using the constitution to protect his rights. He argued that he had the freedom and right to express himself through his actions. The state of Texas argued that they had the right to protect the flag as it was their right. The flag was a symbol of national unity for them.
However the Supreme Court decided to rule in the favor of Johnson with a majority of 5 to 4. The law stated that this desecration was illegal if the guilty party had knowledge that his act would offend one or more people. The court also stated that the state was tied up with attempts to suppress messages with its attempts to preserve the national flag.
This freedom of expression helped Johnson win the case. The court had decided to choose freedom of speech and expression over the attempts to suppress speech and freedom in the matter of political turmoil. This was a very controversial issue as there was a lot of debate over the verdict of this case. A lot of arguments were made over the meaning of the flag. Efforts were made to include an amendment in the constitution to prevent further desecration of the flag.
Another volatile issue was the Rav vs. Saint Paul case. This was the case of a white juvenile delinquent who burnt a cross in the fenced yard of a black family. He was arrested for violating the st. Paul Bias Motivated Crime Ordinance which finds acts of placement of any symbol on public or private property) which could infuriate anyone on the basis of race, color, creed, religion or gender) against the law. The boy contested his charge under the first amendment. The constitutional rights of the ordinance were the main issue as the court sought to know if the municipality had written a constitutional ordinance. The Minnesota Supreme Court reversed the motion as it ruled that the ordinance prohibited "fighting words" only. They ruled this unworthy of the first amendment protection as the speech was of a different nature.
The court ruled unanimously that the ordinance violated the first amendment. The Supreme Court overturned the boy's conviction. They declared that though burning a cross in someone's yard was against the law, the city of st. Paul could not single out for punishment some speech which was motivated by racial or religious hatred. According to the first amendment the city did...
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