American Flag And Draft Card Burning - 1190 Words

The novel by William Bennett Turner examines First Amendment cases throughout history, discussing Yetta Stromberg, Dannie Martin, Raymond Procunier, Earl Caldwell, and others, describing the impact of Communists, Jehovah s Witnesses, prison wardens, and others that have impacted First Amendment rights in the United States. The central issue in the Stromberg case was whether the state of California violated the First and Fourteenth Amendment by making it illegal to display red flags that suggested support of organizations that dissented organized government or favored anarchic action (Communism). This case was a significant landmark in constitutional law because of the Court’s use of the Fourteenth Amendment to protect a First Amendment right, symbolic speech, from state infringement. It impacted American society in a positive way because it expanded the freedoms in the First amendment and created the doctrine that would be used in cases involving subjects like American flag an d draft card burning. The Supreme Court ruled accurately, the government cannot outlaw speech or expressive conduct because it disapproves the ideas expressed. â€Å"Nonverbal expressive activity can be banned because of the action it entails, but not the ideas it expresses.† (pg.25) Jehovah’s Witnesses were convicted on a charge of breach of the peace for playing a phonograph record that was critical of the Catholic religion to the people he encountered on the street, his intent was to proselytize. ThisShow MoreRelatedA Political Demonstration Of The Dallas City Hall1118 Words   |  5 Pageswith burning an American flag in protest against the policies, where Reagan sought to stimulate the economy with large tax cuts. Johnson was tried and convicted, under Texas law, of the desecration of a venerated object. The State Court of Appeals affirmed the actions, until the case advanced to the Supreme Court after the Texas Court of Criminal Appeals reversed the conv iction, holding that the State (consistent with the First Amendment) could not punish Johnson for burning the flag in theseRead MoreIs Flag-Burning Constitutionally Protected?2303 Words   |  10 Pagesthrough the First Amendment’s Free Speech Clause. Thus, American citizens can openly discuss political matters; criticize the President and his Cabinet on television, radio talk show or in the newspaper; or publicly protest against the government tax policy. However, Free Speech protection becomes debatable when some American citizens burn the nation’s flag to express their disagreement to the government. The act of burning the American Flag should be constitutionally protected under the First Amendment’sRead MoreFlag Burning In America Persuasive Essa Essay example1314 Words   |  6 Pagesï » ¿Chantay Brooks PHI-105 November 16, 2014 Instructor Benjamin Perlin The American Flag can be seen in many public places. You see it in schools, government building, stores and hanging in our homes. Those stars and strips are a symbol of freedom to many people across the nation. But is also represents civil liberties that became the pillars this country was founded upon. Flag Burning should be legalized because it allows those who feel disenfranchised the freedom of speech, the Constitutional rightRead MoreFreedom And Freedom Of Speech Essay2518 Words   |  11 Pages(1919), the issue was whether the First Amendment would be violated when Congress made a law that conflicted with dissent in wartime. â€Å"A unanimous court upheld the conviction of a man [named Charles Schenck] who had used the postal system to send anti-draft leaflets† (Trager 60). The Court decided that when the nation was at war, speech that might be protected in peace time could be prohibited in wartime if it tended to do harm (Trager 60). The pamphlets were found to violat e the Espionage Act of 1917Read More Symbolic Speech Should Be Protected Essay2523 Words   |  11 Pagesunpopular one† (Landmark Cases). However, the actions of Americans that are included under â€Å"free speech,† are often questioned. Many people support the theory of â€Å"free speech,† but may oppose particular practices of free speech that personally offend them. This hypocrisy is illustrated by the case of Neo-Nazis whose right to march in Skokie, Illinois in 1979 was protested by many, but ultimately successfully defended by the American Civil Liberties Union (ACLU). The residents of this predominantlyRead More Flag Burning and the First Amendment2123 Words   |  9 Pages   Ã‚   Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his standRead MoreFree Speech : A Free Society975 Words   |  4 PagesSymbolic actions such as wearing black armbands in school and draft-card burning fit this category. Symbolic speech is highly controversial, and as a rule, the courts have sometimes considered it to be beyond the limits of free speech. However, the Supreme Court did uphold the right of an individual to burn an American flag in the 1989 Texas vs. Johnson decision. (ushistory.org)Read MoreTattoos And The First Amendment Essay2170 Words   |  9 Pagesindividuals such civil liberties as the freedom of religion, speech, press, assembly, and petition. Freedom of speech preserves not only an individual’s right to vocally express themselves unabridged, it also allows them the right to burn the American flag, engage in silent protest, and more recently (2016), get a tattoo. In some respects, freedom of speech has come to mean the freedom of communication. Communication can be defined as the exchange of a thought or an idea between two individualsRead MoreFreedom Of Speech : The United State Of America Essay1263 Words   |  6 PagesJustified by the Supreme Court, not all speech is allowed by the First Amendment due to the risk of interrupting peace and causing violence. [3] II. DEBATES ON FREEDOM OF SPEECH Many people debate on what is covered through Freedom of Speech such as: flag-burning, music lyrics, hate/discriminatory speech, etc. Some feel limits should set on what is included in Freedom of Speech; whereas, others feel no limitations should be given. The U.S. Supreme Court often struggles to decide what constitutes protectedRead More How the Vietnam War Effected the American People and the American Presidency2291 Words   |  10 Pagestroops and the?USSR and the Peoples Republic of China furnished munitions to North Vietnam and the Vietcong. ?Despite the massive American aid, the VC numbers continued to increase. By November 1961, the VC fighting forces had grown from the ?2,000 fighters that had been left after Diems ruthless anti-Communist ?campaign in 1957, to nearly 16, 000. Regardless of American weapons and money, the VC was winning the support of the villagers.?The US military response to the deteriorating position in South