Exit 4/17
star
star
star
star
star
Last updated over 5 years ago
1 question
1
The restriction on Johnson’s political expression is content based, since the Texas statute is not aimed at protecting the physical integrity of the flag in all circumstances, but is designed to protect it from intentional and knowing abuse that causes serious offense to others. It is therefore subject to the most exacting scrutiny. The Government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable, even where our flag is involved. Nor may a State foster its own view of the flag by prohibiting expressive conduct relating to it, since the Government may not permit designated symbols to be used to communicate a limited set of messages.
Excerpt from Syllabus to Texas v. Johnson, (1989)
Courtesy of the Legal Information Institute, Cornell University Law School
In the case of Texas v. Johnson, how did the U.S. Supreme Court protect the right of free speech?
The restriction on Johnson’s political expression is content based, since the Texas statute is not aimed at protecting the physical integrity of the flag in all circumstances, but is designed to protect it from intentional and knowing abuse that causes serious offense to others. It is therefore subject to the most exacting scrutiny. The Government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable, even where our flag is involved. Nor may a State foster its own view of the flag by prohibiting expressive conduct relating to it, since the Government may not permit designated symbols to be used to communicate a limited set of messages.
Excerpt from Syllabus to Texas v. Johnson, (1989)
Courtesy of the Legal Information Institute, Cornell University Law School
In the case of Texas v. Johnson, how did the U.S. Supreme Court protect the right of free speech?