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Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Letter and spirit of the law. The letter of the law and the spirit of the law are two possible ways to regard rules or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law is to follow the intention of why the law was enforced. Although it is usual to follow both ...
I; Flag Protection Act. United States v. Eichman, 496 U.S. 310 (1990), was a United States Supreme Court case that by a 5–4 decision invalidated a federal law against flag desecration as a violation of free speech under the First Amendment. [1] It was argued together with the case United States v. Haggerty.
Federalist No. 47. Federalist No. 47 is the forty-seventh paper from The Federalist Papers. It was first published by The New York Packet on January 30, 1788, under the pseudonym Publius, the name under which all The Federalist Papers were published, but its actual author was James Madison. This paper examines the separation of powers among the ...
Opinion | Gerth: Amendment 1 stirs anti-immigrant hate and solves a non-existent problem. This amendment isn’t just redundant — it’s a slippery slope toward harmful policies. In Alab a ma ...
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most ...