Politics - Texas v. Johnson, the Supreme Court case about Flag Burning
The phrase "Symbolic expression" is usually used to explain expressions that are mixed with elements of behavior. Symbolic expression (or expressive behavior) can be protected by the First Amendment, according to The Supreme Court that has made it clear in a series of cases. Many of these cases have been highly controversial, but none has probably been so, more than Texas v. Johnson (1990) overturning the conviction of a man who expressed his utter displeasure with United States policies by burning an American flag.
During the Dallas Republican National Convention in 1984, Dallas Texas, respondent Gregory Johnson took part in a political manifestation to protest against certain Dallas-based corporations and the policies of administration of Ronald Reagan. The situation tensed when Gregory Johnson burned an American flag while protesters chanted after a march through streets of the city. Although none…...
mlaWorks Cited
Hentoff, Nat. Freedom to burn shows freedom to live. The Washington Times. June 25, 2001.
Miller, Anthony J. Texas v. Johnson: The Flag-Burning Case. Enslow Publishers Inc. Springfield
NJ. 1997.
Ponessa, Jeanne. Solid Support Propelling Ban on Flag Burning in the House. Congressional Quarterly Weekly Report. May 27, 1995.
This essay is on the law cases Virginia v. Black and Texas v. Johnson.
Issues before the Court
The issues before the court in the two cases were related to the first Amendment about the speech. Hate speech, in particular, was the concept that was analyzed. In Texas vs. Johnson, the issue was whether cross burning is one of the constituents of symbolic speech as provided by the First Amendment. In Virginia vs. Black, the issue was whether cross burning statutes in Virginia or any other state as a prima facie evidence unconstitutional or not (Holzer, 649).
The decision of the courts and the reasons
In Texas vs. Johnson, the court ruled in favor of Johnson. It argued that cross burning constitutes symbolic speech and the First Amendment in the Constitution protects it. The reasoning of the majority argued that the freedom of speech protects some of the actions that are seen by the…...
Constitution provides depicts what is necessary to amend the Constitution. Either two-thirds of both Houses of the Congress, or an application by the legislatures of two-thirds of the several States, can call for a convention proposing amendments to the constitution. Ratification requires that the Legislatures of three fourths of the several states or Constitutional conventions in three-fourths of the states approving the ratification of those amendments. herefore, the Founding Fathers simultaneously ensured that the Constitution would be a living document, while also taking steps to preserve the Constitution and make it somewhat invulnerable to the changing whims of people.
he Founding Fathers appear to have had some trepidation about the idea of changing the Constitution. After all, the Constitution was the result of literally years of debate. It was not the first document to govern the former colonies after gaining independence from Great Britain, and the first system proved untenable.…...
mlaTexas v. Johnson (1989)
In Texas v. Johnson, the Court took a significant, but very controversial, step to protect the freedom of speech in the United States. The underlying facts of the case are problematic for many people, and the case made it clear that First Amendment guarantees are meaningless unless they protect those whose views are repugnant to the majority of Americans. Gregory Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas. During that demonstration, he poured kerosene on and burned a stolen United States flag. He was charged with and convicted of desecration of a venerated object, a Texas statute aimed at preventing just such actions. Johnson's position was that burning the flag was symbolic speech and that, as such, it had First Amendment protections. The State of Texas' position was that it had an interest in preserving the flag as a symbol of national unity and maintaining order, and that both of those interests were more important than Johnson's free speech rights. The Texas Court of Criminal Appeals agreed with Johnson's position and overturned his conviction. The State of Texas then asked for the Supreme Court to review the case.
The Court agreed with the reasoning of the Texas Court of Criminal Appeals. First, it concluded that burning the flag constituted expressive conduct, which made it symbolic speech and brought it under the protection of the First Amendment. The protection of free speech is not limited to the spoken or written word, and the Court had a history of protecting symbolic speech. While determining whether an activity is considered speech may be fact-specific, the facts in the case made it clear that Johnson burned the flag as an act of communication. Moreover, it was an act of political communication, and political speech receives one of the highest degrees of protection under the First Amendment. Texas' desire to create a feeling of unity among its citizens was not a compelling state interest, and burning the flag did not create any type of danger. Therefore, Johnson's activity was protected. Of course, the irony is that, had he been in another country, he would not have had the freedom to protest the country in the same manner that he had in the United States.
S. No. 04-1739 (2006)
Facts:
Issue(s):
Ruling:
Analysis:
Minority Rationale:
Comments:
wo examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can be protected by...
It is vital to protect Servitudes and easements because...
III. Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
U.S. 01 -- 618 (2003)
Facts:
Issue(s):
Ruling:
Analysis:
Minority Rationale:
Comments:
he differences between copyrights, trademarks, and patents include:
he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...
IV. Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
U.S. 97 -- 303 (1999)
Facts:
Issue(s):
Ruling:
Analysis:
Minority Rationale:
Comments:
he major difference between business speech and political speech is that...
Whether or not "Closely regulated industries are not afforded all Fourth Amendment guarantees against unreasonable search and seizure" is fair is determined by... (will give answer)
After briefing this case on Business and the Bill of Rights, this writer…...
mlaTimothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at http://supct.law.cornell.edu/supct/search/display.html?terms=Administrative%20gency&url=/supct/html/99-1964.ZO.html .
What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at http://www.wisegeek.com/what-is-the-difference-between-a-copyright-trademark-and-patent.htm .
Court Briefs - 7 Different Cases
The Bureau appears to have backed down under public pressure, adverse criticism compelling the Bureau to realize that its stance was indefensible. Clearly, the Orlando Code Enforcement Bureau could not justify the use of a public safety ordinance to force a local businessperson to remove the American flags displayed in her windows.
Thus, code enforcement in Florida, as in many other locations across the United States, is shaped by a variety of practical and theoretical considerations. Zoning laws are generally intended to maintain community uniformity. Community uniformity, especially where such homogeneity produces an image of wholesomeness, cleanliness, security, trendiness, etc. is usually considered an aid to increasing property values. If standards are maintained, property values will be maintained or even increased. Local communities commonly enact local controls that either reflect specific local conditions or augment state standards. The Orlando Code Enforcement Board attempted to enforce a hurricane safety ordinance against…...
mlaWorks Cited
Arbuckle, Mark R. "Vanishing First Amendment Protection for Symbolic Expression 35 Years after United States V. O'Brien." Communications and the Law 25.2 (2003): 1+.
Korn, Donald Jay. "Choosing a Home That Has Value: How to Make Sure You Profit from Life's Biggest Investment." Black Enterprise Aug. 2003: 65+.
Liberty Counsel. "Displaying the American Flag Comes Under Fire." Life, Liberty and Family. 8 Sept. 2005. URL: http://libertyblogs.blogspot.com/2005/09/displaying-american-flag-comes-under.html .
Posner, Richard A. "Pragmatism vs. Purposivism in First Amendment Analysis." Stanford Law Review 54.4 (2002): 737+.
Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, not the right to be free from religion (Dershowitz, p. 202).
Luckily for those who consider themselves atheists and agnostics, the Supreme
Court has interpreted the First Amendment to include the separation of church and state much more broadly, because under the conservative interpretation, the government might, in principle, be able to require some religious affiliation of its citizens provided it did not specify any particular religious faith. That issue has arisen numerous times and in many different forms over the years, including whether or not public schools may require recitation of the Pledge of Allegiance with the words "under God" or "moments of private reflection" intended for prayer during school time.
Most recently,…...
mlaREFERENCES
Dershowitz, a.M. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown.
Friedman, L.M. (2005) a History of American Law. New York: Touchstone. Haynes, C., Chaltain, S., Glisson (2006) First Freedoms: A Documentary History of First Amendment Rights in America. London: Oxford University Press
Wolff v. McDonnell, 418 U.S. 539 (1974)
Bell v. Wolfish, 441 U.S. 520 (1979)
Estelle v. Gamble, 429 U.S. 97 (1976)
Procunier v. Martinez, 416 U.S. 396 (1974)
Facts: n Wolff v. Mcdonnell, 418 U.S. 539 (1974), the inmates at a Nebraska prison filled a complaint against disciplinary measures at the prison contrary to the due process. n it they outlined the short comings of the prisons legal assistance program in meeting constitutional standards. They added that the prison's regulations governing inmates' mail were also unconstitutionally restrictive.
n the Bell v. Wolfish, 441 U.S. 520 (1979), the inmates filed a class action suit in the Court of Appeal against constitutionality of various confinement and practices in the Metropolitan Correctional Center. These included double bunking, publisher only rule, restricting books intended for inmates, prohibition of food and other items from outside as well as unnecessary inmate body cavity searches.
n Estelle v. Gamble, 429 U.S. 97 (1976),…...
mlaI regard to the ruling on the adequacy of the legal assistance in the In Wolff v. McDonnell, 418 U.S. 539 (1974), it was based on the reasoning that it is a civil rights matter that can be explored further in line with Avery, supra, at 490. However, in Procunier v. Martinez, 416 U.S. 396 (1974), the courts instituted a ban on attorney-client interviews conducted by law students or legal paraprofessionals. The court's reasoning here was that the latter was not a legal right.
Comments: It is in order that any deprivation or disciplinary action by the prison administration must undergo due process prior to imposition. These rights are a requirement whenever an inmate risks condemnation to a "grievous loss,'" Morrissey v. Brewer, 408 U.S. 471, 481. It is critical before the termination of welfare benefits. It is accepted that every inmate's liberty is circumscribed by their confinement, but the inmate's rights in this limited liberty is therefore important. The fact that one is convicted of a crime does not subject their rights to the mercies of the prison administration, and therefore the imposition of any serious punishment within the establishment must adhere to procedural safeguards.
In regard to the same line, inmates' privacy needs to be guaranteed. The court ruling on this matter is commendable. This is constitutional and need to be upheld.
Bakke v. Regents of the University of California
The so-called Bakke decision was the earliest in which the United States Supreme Court addressed affirmative action. The case certainly did not mean and end to the issues involved, and there have been several attempts to overturn the Bakke decision since. It has been referred to as a reverse discrimination case, and it was of great import when it was decided in the late 1970s after nearly a decade of affirmative action to bring more blacks and members of other minorities into the mainstream of work and academic life through programs of recruitment and special assistance to redress historical imbalances and discrimination. The issue of affirmative action remains a difficult one for Americans to this day. Affirmative action is often characterized as a quota system, though quotas need not be part of affirmative action at all. The Bakke case was an early challenge…...
mlaWorks Cited
Bresler, Robert J. "The Courts Close in on the Diversity Rationale." USA Today Magazine 130(2680)(January 2002), 13.
Burka, Paul. "Fight Bakke." Texas Monthly 24(5)(May 1996), 228.
Gose, Ben. "Supreme Court Rejects Appeal of a Decision That Cited 'Bakke' to Defend Affirmative Action." Chronicle of Higher Education 47(39)(6 June 2001), A24.
Gratz v. Bollinger (122 F. Supp.2d 811 [E.D. Mich. Dec. 13, 2000]).
Building more prisons (only 15 of the 112 current Texas prisons are private) cost the taxpayers money, money that, given the current economic climate is begrudgingly spent. Indeed, Dick J. eavis, of the Texas Monthly, believes that the prisons of 20 years ago were much more cost-effective, and also much more effective in their job of rehabilitation, than prisons who now operate under the guidance of the PLA (Prison Litigation eform Act) signed into law by President Clinton in 1995. He states the previous prison system: "was a more efficient but no less ugly system because things were that way. Texas prisons were places where, in defiance of law, prisoners were punished by assault, by kicks and blows from guards and their convict allies, the building tenders. Men were thrown into darkened cells and kept incommunicado and wasting away on a diet of bread and water." (Texas Monthly) Was…...
mlaReferences
No. CIV.A. H-78-987. (1999) "David Ruiz, et. al., Plantiffs, v. Gary Johnson, Director, TDOC et. al.,
Defendants. U.S. District Court of Texas, Houston Division.
Reavis, Dick J. (1985) "How They Ruined Our Prisons." Texas Monthly. www.texasmontly.com
Rubac, Gloria. (2005) "Historic Prison Activist David Ruiz Dies." Worker's World, www.workers.org.
Ferguson required that the decision of the lower court be affirmed. The Court agreed with Mr. Sweatt. While the University of Texas School of Law "may properly be considered one of the nation's ranking law schools," Justice Vinson wrote for the Court, such could not be said for either version of the law school for African-American students (d. At 633). "n terms of number of the faculty, variety of courses and opportunity for specialization, size of the student body, scope of the library, availability of law review and similar activities, the University of Texas Law School is superior, " noted the Court (d. At 633-634). Moreover, Justice Vinson continued, in no way could the new institution compare with the University of Texas School of law in terms of more intangible measures, either (d. At 634).
Although the decision in Sweatt was a vitally important step in the creation of justice…...
mlaIt was amid this turmoil that the U.S. Supreme Court then issued its decision in Griffin v. County School Board of Prince Edward County, 377 U.S. 218 (1964), or, as the case is colloquially known, Brown II. Faced with the problems and impediments to integration created by Senator Byrd's "massive resistance" campaign in Virginia, the Court made it the responsibility of the U.S. District Courts to implement school desegregation and ordered that they do so "with all deliberate speed." (Id. At 234).
Few today can argue the correctness of the Court's decision in Brown v. Board, or the case that came before it, and upon which it so heavily relied, Sweatt v. Painter. Few cases exist, moreover, that were of greater importance, and so directly affected the lives of so many.
Ultimately, the State did open the Texas State University for Negroes in Houston with "a faculty of five full-time professors; a student body of 23; a library of some 16,500 volumes serviced by a full-time staff; a practice court and legal aid association" (Id. At 633). This law school, at Texas Southern University, is today named the Thurgood Marshall School of Law.
Poultry
Milk from the cow is one of the most versatile and important substances in the human diet as well as in the diets of many animals and in particular in the diet of poultry that are being raised as layers, broilers or for other purposes. The fact that this milk can be processed into many different forms adds to its versatility and provides a wide array of by-products from which specialized uses can be determined. Understanding the basic array of materials that can be obtained from processing milk is the first step in understanding how those products can be used in the diets of poultry. The next step of understanding the relationship between dairy by-products and the benefits they can provide to poultry comes through examining the nutritional content of those by-products for the feeding and development of poultry. As these two explanations are provided it becomes evident in which…...
mlaWorks Cited
Attfield, Harlan H.D. Raising Chickens and Ducks. Arlington, Virginia: Volunteers in Technical
Assistance, 1990.
Bailey, JS, Roberts, T, Harvey, RB, Anderson, RC, et al. "Food Safety: Alternatives to Antibiotic Use." Poultry Science (2004).
Burrington, David. "Can-do' proteins - enzymes - Ingredient Technology." Dairy Foods, April,
it's a combination of efforts from NASA and Disney Imagineering that make it so popular for kids and adults (Houston Space Center).
With the behind-the-scenes journey through NASA's Johnson Space Center, you may visit the Historic Mission Control Center, the Space Vehicle Mockup Facility, Training Facilities, or the current Mission Control Center. You may even get to see astronauts training for upcoming missions.
The Level Nine Tour, for die-hard space fans, takes you behind the scenes to see the real world of NASA up close and personal. On this four-hour tour you will see things that only the astronauts see. You even get to eat what and where they do (Greene).
ibliography
Greene, Nick. "Space Center Houston - Visiting Johnson Space Center." n.d. about.com. 3 Apr 2009 .
"Houston Space Center." 2008. Destination 360. 3 Apr 2009 .
Thackston, David. "The history of the NASA Johnson Space Center, Houston, Texas ." n.d. Helium. 3 Apr…...
mlaBibliography
Greene, Nick. "Space Center Houston - Visiting Johnson Space Center." n.d. about.com. 3 Apr 2009 .
"Houston Space Center." 2008. Destination 360. 3 Apr 2009 .
Thackston, David. "The history of the NASA Johnson Space Center, Houston, Texas ." n.d. Helium. 3 Apr 2009 .
The trainer will then focus on the steps to be taken to develop new skills. For example, if the trainer wants to talk about motivating, leading, negotiating, selling or speaking, it is best to start with what the learners do well before showing some chart on Maslow's theory, Posner's leadership practices, or selling skills from some standard package that has been develop elsewhere. Many foreign trainers make grave errors because they do not consider the values and beliefs of the trainee's culture. Training must make a fit with the culture of those being trained, including the material being taught, as well as the methods being used (Schermerhorn, 1994).
Abu-Doleh (1996) reports that Al-Faleh (1987), in his study of the culture influences on management development, asserts that "a country's culture has a great influence on the individual and managerial climate, on organizational behaviour, and ultimately on the types of management development…...
Stress: Regulation of etlands in the United States
Regulation of etlands in the United States
Defining etlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or swamps, and they…...
mlaWork Cited
Beermann, Jack. Administrative law. Texas: Aspen Publishers Online, Jul 2, 2010
Connolly, Kim Diana, Johnson, Stephen, Williams, Douglas. Wetlands law and policy:
Understanding. New York: American Bar Association, Dec 30, 2005.
Gaddie, Ronald Keith, Regens, James. Regulating wetlands protection: Environmental federalism and the states. New York: SUNY Press, 2000.
Economic View of the Death Penalty
In 1972, The U.S. Supreme Court ruled in the case of Furman v. Georgia that the death penalty, as applied in three capital cases in the state of Georgia was "cruel and unusual punishment and in violation of the Eighth and Fourteenth Amendments. (Hastings and Johnson, 2001, paraphrased) A mere four years later the state of Georgia was once against before the Supreme Court in the case of Gregg v. Georgia, a case in which the decision handed down by the court found that the death penalty was in fact constitutional. (Hastings and Johnson, 2001, paraphrased) The objective of this study is to examine the practice of the death penalty from an economic perspective. Towards this end, this study will examine the literature in this area of study. According to a recent report there are several states considering abolition of the death penalty including the…...
mlaBibliography
Dieter, Richard C. (nd) What Politicians Don't Say About the High Costs of the Death Penalty. Retrieved from: http://www.fnsa.org/v1n1/dieter1.html
Donohue, John J. And Wolfers, Justin (2004) The Death Penalty: No Evidence for Deterrence. Economist's Voice. April 2004. Retrieved from: (BEPress).pdfhttp://bpp.wharton.upenn.edu/jwolfers/Press/DeathPenalty
Hastings, L.J. And Johnson, Allan D. (2001) The Illusory Death Penalty: Why America's Death Penalty Process Fails to Support the Economic Theories of Criminal Sanctions and Deterrence. 2001 University of California, Hastings College of Law Hastings Law Journal. Retrieved from: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=52+Hastings+L.J.+1101&srctype=smi&srcid=3B15&key=10b4f49062a2ae4631639988123ab2c5
Saving Lives and Money (2009) The Death Penalty. The Economist. 12 May 2009. Retrieved from: http://www.economist.com/node/13279051
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