Texas v Johnson legal expert Brennan’s opinion in Texas v. Johnson Justice Brennan cited several First Amendment cases to show that a precedent was habilitate to encompass protection for expression which is not spoken or written (i.e., protection for symbolic actions such as protesting departure through arm-band wearing, sit-ins, etc.).
The cases cited, including the current one, were subject to the O’Brien test, which is a esteem to determine if the State’s statute can be considered valid, in that it specifically forbids non-communicative expression for the benefit of direct corporeal government interest . In defense, the State extended two interests to justify the limitations on expression: preventing disturbance of the peace and protect the flag as “a symbol of nationhood and national unity.” The court of justice deemed that the first qualification was not subject to the O’Brien test, and that the entropy was a direct maneuver to ...If you want to get a full essay, order it on our website: Ordercustompaper.com
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