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Johnson was convicted of flag desecration for burning the flag rather than for uttering insulting words. 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. . . . We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.
- Justice Brennan, majority opinion
Uncritical extension of constitutional protection to the burning of the flag risks the frustration of the very purpose for which organized governments are instituted. . . . The flag is not simply another "idea" or "point of view" competing for recognition in the marketplace of ideas. . . . I cannot agree that the First Amendment invalidates the. . . laws which make criminal the public burning of the flag.
- Justice Rehnquist, dissenting opinion
The constitutional guarantee at issue in the case is:
Members of a community have been arguing about the subject matter taught in the local high school. This argument has led both sides to demonstrate outside city council meetings. Also, one group staged a sit-in at the local board of education. Below are quotes from two citizens who have different opinions about these protests.
Patrick: Government's most important job is to maintain order and protect public safety. How can elected officials ever do their work if people are criticizing them all the time?
Elena: I think it's important that people let their opinions be known. Protests are okay as long as they are not violent.
The argument between Patrick and Elena shows a debate common in American politics. This debate best reflects the conflict between:
On May 17, 1954, in Brown v. Board of Education, the Supreme Court ruled that laws mandating racially segregated public school systems were unconstitutional. The Supreme Court later argued that federal courts should take steps to bring about the integration of segregated school systems "with all deliberate speed." In 1957, Governor Orval Faubus of Arkansas called on the National Guard to turn away nine African American students as they attempted to enter Central High School in Little Rock. President Eisenhower, who did not support the Brown decision, called out federal troops to protect the rights of the African American students to attend the school.
The events at Central High School in Little Rock showed that:
According to the European theory, men are divided into classes-some to toil and earn, others to seize and enjoy. According to the Massachusetts theory, all are to have an equal chance for earning. Vast and overshadowing private fortunes are among the greatest dangers to which the happiness of the people in a republic can be subjected. The main idea set forth in the creeds of some political reformers, or revolutionizers, is, that some people are poor because others are rich. This idea supposes a fixed amount of property in the community, which, by fraud or force, or arbitrary law, is unequally divided among men. But education creates or develops new treasures, treasures not before possessed or dreamed of by anyone.
The passage implies that poor people will improve their lives through:
