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Hence, we have recognized the expressive nature of students' wearing of black armbands to protest American military involvement in Vietnam, 415 U.566, 588 (1974) (WHITE, J., concurring in judgment) (treating flag "contemptuously" by wearing pants with small flag sewn into their seat is expressive conduct).To justify Johnson's conviction for engaging in symbolic speech, the State asserted two interests: preserving the flag as a symbol of national unity and preventing breaches of the peace.The First Amendment literally forbids the abridgment only of "speech," but we have long recognized that its protection does not end at the spoken or written word.He did, however, accept an American flag handed to him by a fellow protestor who had taken it from a flagpole outside one of the targeted buildings.Though the asset at stake in this case is intangible, given its unique value, the same interest supports a prohibition on the desecration of the American flag.While we have rejected the view that an apparently limitless variety of conduct can be labeled "speech" whenever the person engaging in the conduct intends thereby to express an idea, at 409.That we have had little difficulty identifying an expressive element in conduct relating to flags should not be surprising.
The Court of Criminal Appeals began by recognizing that Johnson's conduct was symbolic speech protected by the First Amendment: Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey.We do not store torrent files and can not provide a download url, you can download the torrent file through the third party website or magenet to get the torrent contents.Please pay attention that we are not responsible for the authenticity and legality of the torrent files.After a march through the city streets, Johnson burned an American flag while protesters chanted.§ 42.09 (1989) may not satisfy those intent on finding fault at any cost, [it is] set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with.
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As to the State's goal of preventing breaches of the peace, the court concluded that the flag desecration statute was not drawn narrowly enough to encompass only those flag burnings that were likely to result in a serious disturbance of the peace.