Citation

Texas v. Johnson: How Justice Kennedy's Concurrence Protected Flag Burning For Two Decades

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Abstract:

In Texas v. Johnson (1989), a deeply-divided (5-4) Supreme Court examined the constitutional merits of flag burning. The majority opinion, written by Justice Brennan, supported the right to burn the flag. Brennan claimed: "We do not consecrate the flag by punishing its desecration for in doing so we dilute the freedom that this cherished emblem represents." Dissenting opinions, prepared by Chief Justice Rehnquist and Justice Stevens argued that the national flag is honored with "almost mystical reverence" by millions of Americans and desecration of that symbol should be punished. Justice Kennedy, who had joined the majority opinion, wrote a brief concurrence in which he described his decision-making as "exacts its personal toll," "must make decisions we do not like," "painful this judgment is to announce." Clearly, Kennedy despised the act of flag burning, yet voted as the Constitution commanded.
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Association:
Name: NCA 95th Annual Convention
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http://www.natcom.org


Citation:
URL: http://citation.allacademic.com/meta/p368228_index.html
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MLA Citation:

Hemmer, Joseph. "Texas v. Johnson: How Justice Kennedy's Concurrence Protected Flag Burning For Two Decades" Paper presented at the annual meeting of the NCA 95th Annual Convention, Chicago Hilton & Towers, Chicago, IL, <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p368228_index.html>

APA Citation:

Hemmer, J. "Texas v. Johnson: How Justice Kennedy's Concurrence Protected Flag Burning For Two Decades" Paper presented at the annual meeting of the NCA 95th Annual Convention, Chicago Hilton & Towers, Chicago, IL <Not Available>. 2014-11-28 from http://citation.allacademic.com/meta/p368228_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In Texas v. Johnson (1989), a deeply-divided (5-4) Supreme Court examined the constitutional merits of flag burning. The majority opinion, written by Justice Brennan, supported the right to burn the flag. Brennan claimed: "We do not consecrate the flag by punishing its desecration for in doing so we dilute the freedom that this cherished emblem represents." Dissenting opinions, prepared by Chief Justice Rehnquist and Justice Stevens argued that the national flag is honored with "almost mystical reverence" by millions of Americans and desecration of that symbol should be punished. Justice Kennedy, who had joined the majority opinion, wrote a brief concurrence in which he described his decision-making as "exacts its personal toll," "must make decisions we do not like," "painful this judgment is to announce." Clearly, Kennedy despised the act of flag burning, yet voted as the Constitution commanded.


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From Privacy to Liberty: Justice Kennedy?s Interpretive Turn in Lawrence v. Texas


 
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