Texas v. Johnson

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If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. . . .”

-Justice William Brennan, speaking for the majority

Read the case of Texas v. Johnson, 491 U.S. 397 (1989),What is symbolic speech? When is it protected?

Notice that this case arose as part of political activity, and it became a national-level touchstone issue. Let’s assume that you are each assigned as members of a legal analysis team at a think tank back at that time. Each of you has been asked by your candidates to analyze this matter from different perspectives.

First (and Fifth, Ninth, etc.) Student to Make Initial Post: Provide a legal analysis of the Strengths of this case and this area of law. Defend your answer with academic quality resources.

Second (and Sixth, Tenth, etc.) Student to Make Initial Post: Provide a legal analysis of the Weaknesses of this case and this area of law. Defend your answer with academic quality resources.

Third (and Seventh, Eleventh, etc.) Student to Make Initial Post: Provide a legal analysis of the legal Opportunitiesthat this case presents and this area of law. Defend your answer with academic quality resources.

Fourth (and Eighth, Twelveth, etc.) Student to Make Initial Post: Provide a legal analysis of the legal Threatspotentially presented by this case and this area of law. Defend your answer with academic quality resources.

All Responsive Posts: Make logical arguments that oppose those presented in someone else’s initial post.

**NOTE: You must cite sources in Bluebook format to support and defend your position. Remember to post your initial comments [at least 500 words (which is the equivalent of 1.5 typed pages, double spaced)]

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