...national republican convention in Dallas Texas a group of activists lead by a man named Gregory Lee Johnson marched through the streets as protesters. The participants were protesting against the policies of Ronald Reagan who was the president at that time. Sources say there were about 100 other participants in the protest as well. Johnson being on of those many protesters pulled out the american flag and poured kerosene on the flag. During this act the other protesters were chanting and carrying on, Johnson ended up setting the flag on fire. There were no injuries and no property was damaged other than the flag that Johnson had carried himself he was later arrested at the scene by the police. After the flag was burned the participants of the protest left the scene....
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...The Backgorund of the Case Gregory Lee Johnson was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object. In 1984 during the Republican National Convention, held that year in Dallas Texas, Johnson had accepted an American flag from a fellow protester which had been taken from a flagpole of one of the protest’s targeted buildings. After unfurling the flag, he soaked it in kerosene and then lit the flag on fire. Protestors nearby gathered around the flag and chanted the phrase “America, the red, white, and blue, we spit on you”. Although none of the participents or bystanders were physically injured or threatened, several witnesses testified that the burning of the flag was offensive to them....
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...Texas vs Johnson Analysis The name of case we are analyzing is the case of Texas vs Johnson. This events that lead to Johnson being brought to court was that he participated in an demonstration against then President Reagan’s policies. Once the political protest reached Dallas City Hall ,Johnson was then was handed an American Flag which he then doused in kerosene and set it alight, luckily, no one was harmed during this flag burning but some bystanders were seriously offended by the flag burning.This case was brought upon Gregory Lee Johnson as he was charged with desecration of a venerated object which violated the Texas Penal Code. He was then convicted and sentenced to one year in prison and received a fine $2,000. The original plaintiff...
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...This case study references the Texas Penal Code Annotated (Tex. Penal Code Ann. § 42.09(a)(3), which penalizes such physical mistreatment of "a national flag" as Mr. Gregory Lee Johnson should know this incident could possibly offend some people and cause a lot of controversy as well. The state of Texas Legislative branch created this statue. The case study discussed the court case of the state of Texas versus Gregory Lee Johnson. This case was heard by three lower courts before it reached the United States Supreme Court. The first court was the Texas Court of Criminal Appeals which is deemed the highest court in the state of Texas, the Texas Court of Appeals, Fifth District and Dallas County Criminal Court. The United States Supreme Court’s decision on the case rendered the Texas statute invalid for the charges made against Gregory Lee Johnson however; the Court did grant Texas permission to make flag burning punishable by law in instances where it constitutes an actual danger or lawless action. Common law is defined as law that has been developed on the basis of preceding rulings by judges. Common law is by far and wide based on judgments made in the past over hundreds of years. Common law is also known as case law and is of two types – one where judgments passed become new laws where there are no statutes and the other where judges interpret the existing law and determines new boundaries and distinctions. Determination of common law for a particular...
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...Case Law and Statutory Law Katrina Allen Kaplan University 1. Gregory Lee Johnson was charged with violating 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Which means he wrecked something that is deemed important or sacred. (The American Flag) 2. This law was made and passed in the state’s legislative branch. 3. Everyone that was there was probably affected in some way or another. But it started with * Gregory Lee Johnson * Dallas Police Dept. * Dallas County Criminal Court * Texas Court of Appeals 5th District * Texas Court of Criminal Appeals * State of Texas * United States Supreme Court 4. * Texas Court of Criminal Appeals * Texas Court of Appeals 5th District * Dallas County Criminal Court 5. The United States Supreme Court stated that it was against Gregory Lee Johnsons First Amendment rights of expressive conduct. 6. The statute did not meet the states goal of preventing breaches of peace. Which means a person must intentionally disrupt the public a certain way. (www.legalmatch.com) 7. Case law is a law that is established by judicial decision. Ex. When I went to court to have my child support amount changed, the Child Support Recovery Unit (CSRU) had his amount at $978, however in his bonus from work were included in the figuring of this amount. His lawyer brought other court cases where judges have declined to have that amount in there. So his...
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...Case Study Shawn Padgett Kaplan University Case Study The statute referred to in the case of Texas vs. Johnson, 491 U.S. 397 (1989) is 42.09 (a) (3) in the Texas Penal Code. This statute, 42.09 (a) (3), created by the executive branch, prohibits the desecration of a venerable object”, (a) a person commits an offense if he knowingly or intentionally desecrates; (3) a state or national flag. To desecrate a venerable object is to destroy, deface, or physically mistreat in a way that the one doing the action will seriously offend one or more persons observing the action. This statute was inconsistent with the first amendment. (Texas vs. Johnson, 491 U.S. 397 (1989)) The parties involved in this case are the state of Texas and Gregory Lee Johnson. The citation for the United States Supreme Court’s decision on this case is, Texas vs. Johnson, 491 U.S. 391 (1989) (Burning of the flag at political protest rally.). There was three court that heard Johnsons case before reaching the United States Supreme Court. Ranking from the highest court to the lowest for this case is the Texas Criminal Court of Appeals, Texas Court of Appeals (5th District), and the Dallas County Criminal Court. Creating a law is done by Congress, which are called statutes, or court-made, also called case law. Laws can also be by anyone that wants to propose to Congress of an adoption of new law. Case laws are based on the judicial opinions, including decisions that interpret statutes. Statutory...
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...Texas v. Johnson, 491 U.S. 397, 1989 Procedural Background: Gregory Johnson appealed his conviction to the Court of Appeals and lost. Johnsons then proceeded to appeal his case to the Texas Court of Criminal Appeals and they reversed the decision and the case was sent to the Supreme Court. The Supreme Court viewed the case and overturned Johnson’s conviction. Facts: The defendant, Gregory Lee Johnson, took part in a demonstration that took place at the Republican National Convention in Texas in 1984. During a time in this nonviolent demonstration Johnson was given an American flag which he set on fire. Nobody was injured while the flag was burning, but Johnson was convicted of destroying a respected object. Johnson appealed his conviction and the Courts of Appeals for the Fifth District of Texas and lost. He then proceeded to take his case to the Texas Court of Criminal Appeals and his conviction was overturned. The court contended that Johnson could not be punished for his exercising his right to free speech (the First Amendment). In 1989, the Supreme Court took the case and with a 5-4 vote affirmed the Texas Court of...
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...In 1942 the United States Flag Code was passed, which regulated the treatment of the flag. In 1931 Stromberg v. California made it to the supreme court, and the court decided that the desecration of the flag is protected under the first amendment, thus nullifying all of the laws pervious state level laws. In 1942, just eleven years after the Stromberg v. California decision national flag day was made official. The conflicting timeline of the Stromberg v. California case versus the creation of national flag day, shows while the court might be taking a more liberal stance with the status of the flag, the public opinion still sees the flag as something that should be honored. While the public might still have a more conservative stance on the flag, the supreme court is starting to take a more liberal stance, as seen in the many president cases, as well as Texas v. Johnson. Halter v. Nebraska took place in 1907. Halter v. Nebraska was a supreme court case involving a statute that punished the desecration of the United States flag, it also prohibited the sale of article where there is a flag for advertising purposes. Flag’s that were placed on items for any other purpose besides advertisement were exempt from this law. In 1905 Halter was the owner of a bottling company. He was charged because he was selling beer which has the American flag printed on the label of the...
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...Kaplan University Texas V. Johnson PA205-01 Texas v. Johnson Texas v. Johnson, 491 U.S. 397, 109 S.Ct. 2533, 105 L.Ed.2d 242, Argued in 1989. From case, Since the State of Texas conceded that the actions of burning the flag were expressive conduct, the Court had to decide whether the State's regulation of flag burning related to suppression of free speech in order to determine which standard to apply. Then the Court had to decide whether the State had an interest in regulating the speech, which overrode the First Amendment protections. Facts that Triggered the Dispute while the Republican National Convention was meeting in Dallas, Texas, in 1984, Gregory Johnson took part in a demonstration, protesting policies of the Reagan administration. During the demonstration, Johnson burned an American flag, and Dallas police arrested him. According to US court, Gregory Lee Johnson was arrested and convicted of desecrating a flag in violation of Texas law, a conviction which questions ones guaranteed First Amendment, constitutional rights. Johnson's involvement in a political demonstration in Dallas, lead him to express his political concerns with the nation leaders and governmental policies. The State of Texas' conviction of Johnson was carried out due to Johnson's conduct, a physically expressive act, rather than a written or spoken one and based on two criteria: a responsibility to preserve the integrity of the flag representing the strength, pride and unity of our nation...
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...PA205: Introduction to Legal Analysis and Writing Unit 1 Case Study In 1984, the Republican Party met in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially named the Republican Party’s candidate for President. During the convention, opponents of Reagan’s policies organized a political protest in Dallas, which attracted over 100 protestors. Among the protestors was Gregory Lee Johnson. As the demonstrators marched through the streets chanting slogans, another protester handed Gregory Johnson an American flag that had been taken from a flagpole at one of their protest locations. Upon reaching Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute under...
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...States Supreme Court Case Research Paper Texas v. Johnson The American flag. It’s arguably the most iconic American symbol. Even our national anthem includes the reference“whose broad stripes and bright stars”. In this song, lyricist Francis Scott Key isn't just mentioning how the flag looked at the time. He’s alluding to a deeper meaning. This flag is not only a symbol of a country, but of a brave and heroic people who defend their country’s citizens and freedoms. This illustrates the sacrality of the flag- it represents a lot more than miles of land. It represents thousands of lives lost for American citizens of all ages, colors and genders, and thousands of more lives that will be lost. The American flag is a venerated object, a national treasure- and it should be treated as such. However, Gregory Lee Johnson had a different opinion. Johnson’s unpatriotic actions in the state of Texas led to the infamous court case of Texas v. Johnson....
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...The reason for the case starts with the Revolutionary Communist Youth Brigade marching around Dallas, TX during the 1984 National Republican Convention. The group was marching through the streets protesting President Reagan’s policies. While the group was mostly marching because of the convention; there were also several companies that they were targeting. When at one of the companies one member took the American flag and handed it to Gregory Lee Johnson who then proceeded to burn the flag. He was then arrested for desecration of property on a 1 year sentence and two-thousand dollar fine. Johnson then appealed to the Fifth Court of Appeals of Texas but lost. The Texas Court of Criminal Appeals would then see his case. This was the highest court in Texas that would see Criminal Appeals he then won on a 5-4 majority. The reasoning that the court used for overturning was not the fact of vandalism, but that it’s his freedom of speech. When taking this case into consideration; the looked at whether freedom of speech covered non-speech acts, if Johnson was using expressive conduct when burning the flag. They decided that it did indeed did cover non-verbal because of cases like Stromberg v. California and Tinker v. Des Moines Independent Community School District. They also decided that it was indeed expressive behavior because he did in front the Republic National Convention with overly expressive and apparent behavior. I think that while the case for Johnson makes sense it should...
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... Texas v. Johnson, 491 U.S. 397 (1989) PA 205: Introduction to Legal Analysis and Writing, Unit one, Assignment 1). The case study references section 42.09 (a) (3) of the Texas Penal Code. The statute prohibits the desecration of a venerable object. 2). Legislative 3).The passage discusses the court case that involved State V. Johnson (Gregory Lee Johnson). 4). The three courts that heard this case: 1). Texas Court of Criminal Appeals (most authority) 2). Texas Court of Appeals 3). Dallas County Criminal Court (least authority) 5).Texas v. Johnson, 491 U.S. 397 (1989) 6). The Texas statute was struck down since the Supreme Court ruled it was inconsistent with the First Amendment. 7). Statutory laws are laws passed by sending a bill by passing it through a legislative body. Statutes are created when original court cases are heard and ruled upon. Case law is created by rulings that are a result of examining statutes. Case law can either uphold the original statute or strike it down. Case law turns out to be an interpretation, or a “second look” at statutes, determining whether or not they uphold the U.S. Constitution. Statutes can be either struck down after interpretation or continue to be enforced. If someone challenges the statute, it could travel all the way to the Supreme Court to be interpreted. The Supreme Court can provide a decision whether that statute is being applied in a constitutional manner. The state tried Johnson with a statute...
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...Unit 1 Assignment PA205-03 UNIT 1 ASSIGNMENT CASE STUDY QUESTIONS 1. The case study references one state statute. Identify it and explain what it prohibits. My understanding of the case study is that the identifiable state statute is section 42.09(a)(3) of the Texas Penal code, which prohibited the “desecration of a venerable object.” 2. Which branch of government (executive, judicial, or legislative) created the state statute? The legislative branch of government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties involved in the court case in the above passage are Gregory Lee Johnson and the State of Texas. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. Most authority = Texas Court of Criminal Appeals Middle authority = Texas Court of Appeals, Fifth District Least authority = Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. After hearing the oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas...
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...The case Texas v. Johnson obviously had made a hit in America in 1984. Gregory Lee Johnson, who was the leader of the revolutionary communist youth brigade, was unsatisfied with the government at that time. And thus he and his partners protested against the bias of the Republic, for the simple reason that those large enterprises have more and more benefits. They were so angry at that time, and then Johnson burned a national flag in front of the government building. The witnesses were so hurt emotionally, and one of them picked up the broken pieces and then buried them in his backyard. The police arrested Johnson afterward and charged him with violating a state law in Texas. The law prohibited the blasphemy of venerated object, including...
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