Web Exercise on Texas v. Johnson

1. What justifications did the state of Texas give for limiting free expression rights with regard to criminalizing flag burning?

2. What reasons did Justice Brennan give for rejecting each of the state's justifications?

3. Under what circumstances, if any, should the government be able to prohibit the expression of an idea simply because society finds the idea offensive or disagreeable?

4. If the special significance of the flag justifies special protections, what other types of symbolsfor example, a Bible, sacred writings of other religions, or a copy of the Constitutionshould receive similar protection?

5. In a dissenting opinion that was not included here, Justice Stevens argued that the government should be able to protect the flag in the same way it can prohibit people from writing graffiti on the Washington Monument or the Lincoln Memorial. How would you respond to that argument?

6.Do local governments have the ability to remove monuments in public spaces that commemorate the Confederacy, its military or its leaders?How do you think the current Supreme Court Justices would rule on this case?