NAEP Civics Grade 12

Category - Civics

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.

Which of the following best paraphrases Justice Brennan’s argument?

  1. Citizens may express themselves in any manner they feel is justified and be protected by the First Amendment.
  2. The Court should deal with First Amendment issues on a case-by-case basis.
  3. It is constitutional to ban the uttering of insulting words, but not to ban flag burning.
  4. In our constitutional democracy, we may not limit the expression of ideas with which the majority disagrees.
Explanation

Answer: D - In our constitutional democracy, we may not limit the expression of ideas with which the majority disagrees.

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