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Texas v. Johnson (1989)

Issue: Does a law against desecration of the American flag violate an individual’s right to freedom of ...
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Item added by Redoedo. Added on 09/06/2003
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2 Reviews

LanceRoxas
07/15/2005

Texas v. Johnson (1989) 2

I always get a chuckle when I read comments people leave on constitutional law for not only how off base they are but how blatantly illogical. So the liberty intended by the 5th amendment was arson? And the absolute right to property also includes the right to burn what you own? If I own my house can I just up and burn it down? Of course not! It's understandably against the law- a law that limits my ability to do burn my own property for a valid state objective. Rights simply aren't absolute: you can't yell fire in a crowded theatre and we can deprive you of life with due process so long as it's not cruel or unusual. When it comes down to this case can it be argued that the original framers of the first amendment intended for it to include the burning of our national flag? Of course not. So this is simply just another poor decision.

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spartacus007
05/09/2005

Texas v. Johnson (1989) 5

Liberty and Property rights in the 5th Amendment could be cited too.

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4.25
average based on 4 ratings