What was texas’ argument in the johnson case?

Symbolic Expression covers a wide gamut, as Thurgood Marshall’s dissent in the Clark case from Ch. 9 illustrates, at one end, and our discussions of hate speech and its related emblems, at the other. At what point does it become a performative act that should be protected by the 1st Amendment, and when does it become a threat to a person, community, nation? How have conceptions of these issues developed over the years? Address each of the question sets provided below (nobody is required to answer all questions in each set, but each person should post twice in each thread).
1.How do the authors define “symbolic expression?” What are the two primary criteria for nonverbal conduct to be considered symbolic? Why does symbolic [nonverbal] expression tend to “activate the political conscience” of addressees of messages more than many forms of verbal expression?
2. How did judicial definitions of symbolic expression develop through the Stromberg case? Read the Barnette case carefully – what are the implications of the majority opinion for democratic society, as expressed by Justice Jackson? How were conceptions of protected (and unprotected) expression refined through the Spence and Young cases (among others)?
3. Why is symbolic expression provided with less protection under the 1st Amendment than “pure speech?” Examine the O’Brien case carefully. Do you agree with the opinion of the Court regarding his burning of his draft card? Why or why not? Be prepared to discuss issues related to each of the four provisions of the O’Brien test.
4. Prior to Texas v. Johnson, what were the rationales for prohibiting flag burning? What was Texas’ argument in the Johnson case? How did Justice Brennan counter that argument? Why was the O’Brien text not utilized in the Court’s majority opinion, and what other cases were used as precedent and why? How did Congress respond to the Johnson decision? What is your opinion on flag burning?
150 word answer to each question.


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