INTRODUCTION
I would like to focus on the first amendment, specifically freedom of speech, because I think most cases look over the fact that citizens have the right to speak, and say what they want. I am concerned, because every person has the right to say what he/she wants to say. I think the government should consider all rights of every citizen, especially the right to speak. Speaking one’s mind is important in any situation: race, sex, gender, or anythign else, for the mind is brilliant. We should be able to show our brilliance with no interruption, or superior authority telling us otherwise. This right is included in the Constitution, and should be carefully observed during trials, and any other time.
TEXAS V. JOHNSON 1989
In 1984, During the Reagan administration, citizen Johnson protested the policies that Reagan believed. Johnson marched through the streets of Dallas, and then burned an American flag while his accomplices cheered for him. Nobody was injured, hurt, or burned, but some bystanders were offended when he burned the flag. He was charged with desecration of a venerated object, and his trial began. Were Johnson’s charges in compliance with his First Amendment rights?
The Supreme Court decided he was not charged and that burning the American flag was, “protected by the First Amendment”(Interactive Constitution). even though it is offensive to those of the public, it is legal because it is a symbol of speech, and is protected by the First Amendment. Justice Antonin Scalia was the, “critical fifth vote”(Oyez) in this case. it was a 5-4 vote that this act of burning the American flag was protected under the First Amendment.
I agree with the ruling because this is an act of symbolic speech, saying that Johnson did not agree with the country in voting for Reagan, whose policies Johnson did not appreciate. In the Constitution, we are given our right to Freedom of Speech. I think no matter how offensive the act is, we should always have the freedom to speak our minds.
Works Cited
http://www.oyez.org/justices/antonin_scalia/
http://72.32.50.200/constitution/details_explanation.php?link=123&const=08_amd_01
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZS.html
