Flag Cases and the First Amendment

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 cant 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, agonythen resolution!
• Oh yes, US v. Eichman (1990) slap Congress