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Flag Cases and the First Amendment

Flag Cases and the First Amendment. Street v. New York (1969) Radich v. New York (1971) Smith v. Goguen (1973) Spence v. Washington (1974) Kime v. US (1982) Texas v. Johnson (1989) US v. Eichman (1990). Texas v. Johnson--A Closer Inspection. Who was Gregory Johnson?

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Flag Cases and the First Amendment

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  1. Flag Cases and the First Amendment • Street v. New York (1969) • Radich v. New York (1971) • Smith v. Goguen (1973) • Spence v. Washington (1974) • Kime v. US (1982) • Texas v. Johnson (1989) • US v. Eichman (1990)

  2. Texas v. Johnson--A Closer Inspection • Who was Gregory Johnson? • Why did the Texas law say? • What had the Supreme Court said about flag burning prior to the Johnson case? • What did the decision say? • How did Congress react? • What did the Supreme Court say to that?

  3. Texas v. Johnson (1989) • Johnson convicted of “desecration of a venerated object” • 5-4 decision, Scalia, Kennedy, Marshall, Brennan, and Blackmun in majority • The Court can’t prefer a particular use for the flag--content neutrality • Dissent rejects neutrality, there are bad messages, and alternate modes of expression, the flag is special and must be protected • Kennedy concurrence, agony…then resolution! • Oh yes, US v. Eichman (1990) slap Congress

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