Essay about Pa205: Introduction to Legal Analysis and Writing

997 Words Dec 31st, 2014 4 Pages
PA205: Introduction to Legal Analysis and Writing

Prof. Wendi Cline

Kaplan University

November 13, 2014

By,

Heather Leigh Bradley

1. The case study references one state statute. Identify it and explain what it

prohibits.

“The case study of State vs. Johnson references one specific state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object.
A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. This offense is a Class A misdemeanor “(Case Study
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The final state court to see the case was the Texas Court of criminal Appeals, this s the highest state court. Then the second court it was seen in was the Texas Court of Appeals, Fifth District. The case was first seen in Dallas County Criminal Court.
5. Provide the citation for the United States Supreme Court’s decision in this

case.

The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech, no matter how offensive is protected under the First Amendment. The U.S. Supreme Court affirmed the decision of the Texas Court of Criminal Appeals (Texas v. Johnson Podcast, 2014).
6. What effect did the United States Supreme Court’s decision have on the Texas

statute?

“The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag“ (Texas v. Johnson 491 U.S. 397 (1989), 2014). The Court also held that the Government and the States couldn’t prohibit the expression of ones idea or thoughts just because society finds it offensive or disagreeable (Texas v. Johnson, 2011)
The U.S. Supreme Court’s decision Congress did pass a statue, the 1989 Flag Protection Act that made it a federal crime to desecrate the flag. Then again that law was struck down again in the case of United States v. Eichmann, 496 U.S. 310 (1990) by the same majority of justice,

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