“And so great is our commitment to the process that, except in the rare case, we do not pause to express distaste for the result, perhaps for fear of undermining a valued principle that dictates the decision. We make them because they are right, right in the sense that the law and the Constitution, as we see them, compel the result,” Kennedy said.
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“The hard fact is that sometimes we must make decisions we do not like. Justice Anthony Kennedy, writing a concurrence, spelled out his reasoning succinctly. “Nor does the State’s interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression.” The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,” said Brennan. “Johnson was convicted for engaging in expressive conduct. Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia joining the majority. Johnson’s actions, the majority argued, were symbolic speech, political in nature, and could be expressed even at the expense of our national symbol and to the affront of those who disagreed with him. Johnson case, the Court voted 5-4 in favor of Gregory Lee Johnson, the protester who had burned the flag. On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision. The flag of our Great Nation is spat upon, burned and desecrated in all manner of disrespect and hatred, but the law remains that the First Amendment allows for this heinous mistreatment of Old Glory.įrom When the Supreme Court ruled to allow American flag burning How many times have we heard about people burning and stomping on the American flag? And how many times have we heard that these people were arrested and incarcerated? Never? I think that is correct.