TO BURN OR NOT TO BURN:

TEXAS v. JOHNSON

WEBQUEST

Shirley Lawrence

C.S. 197

INTRODUCTION:

During the 1984 Republican National Convention in Dallas, Texas, respondent Johnson participated in a political demonstration to protest the policies of the Reagan administration and some Dallas-based corporations. After a march through the city streets, Johnson burned an American flag while protesters chanted. No one was physically injured or threatened with injury, although several witnesses were seriously offended by the flag burning. Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a State Court of Appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances. The court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. The court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity. It also held that the statute did not meet the State's goal of preventing breaches of the peace, since it was not drawn narrowly enough to encompass only those flag burnings that would likely result in a serious disturbance, and since the flag burning in this case did not threaten such a reaction. Further, it stressed that another Texas statute prohibited breaches of the peace and could be used to prevent disturbances without punishing this flag desecration.

TASK:

Put yourself at the 1984 Republican National Convention in Dallas. You are a delegate from New York. You see fire at a protest as you go into the convention. You later learn that someone has set the American Flag on fire as an act of protest. You learn later that it is Johnson. You are very upset about what you have just seen. You see it as an attack on America.

You decide to write a newspaper article by interviewing Johnson, other protestors, other delegates, and others who witnessed the incident. In the end, you ask the reader to decide whether or not they think that this act was constitutional.

Later you will follow the case in the Supreme Court to learn the Decision as to whether Johnson had the right to do this. You will also research First Amendment Rights as they relate to this case.

PROCESS:

Create an official delegate badge to be worn by you as a delegate to the 1984 Republican Convention from New York.

Research what was going on at the convention at the time.

http://politicalgraveyard.com/parties/R/1984/

Do your research for a newspaper article by interviewing Mr. Johnson, other protestors, other delegates, and others who witnessed the incident.

See if there are any precedents for this kind of case.

https://www.maxwell.syr.edu/plegal/scales/texasprec.html

In your article you will be asking the reader to answer the question as to whether or not they think that this act was constitutional by presenting both sides in your writings.

https://www.maxwell.syr.edu/plegal/scales/texasargu.html

You will follow the case as it goes through the Supreme Court to learn the Decision as to whether Johnson had the right to do this.

https://www.maxwell.syr.edu/plegal/scales/texasdec.html

You will also research First Amendment Rights in general and as they relate to this case.

http://www.firstamendmentcenter.org/about.aspx?item=about_firstamd

After you have read and gathered research and information materials on the Texas v. Johnson case you will first compile a report of your information to be given to your newspaper editor (your teacher).

You will then prepare and deliver an individual presentation based on the information you have gathered to your teacher.

Once you have met with your editor and he or she has approved the information you have gathered you will then write a newspaper report demonstrating an understanding of the rules of the English Language and of the facts of the case.

RESOURCES:

https://www.maxwell.syr.edu/plegal/scales/texas.html

EVALUATIONS:

The teacher will give a letter grade to the student for their writing.

A-gathered information and covered all of the questions asked, gave a very good presentation to the teacher of the facts and wrote a very good newspaper article.

B-gathered information and covered all of the questions asked, gave a good presentation to the teacher of the facts and wrote a good newspaper article.

C-gathered information and covered all of the questions asked, gave a satisfactory presentation to the teacher of the facts and wrote a satisfactory newspaper article.

D-did not gather enough information to cover all of the questions and did not satisfactorily present the information to the teacher in order to write a satisfactory newspaper article.

F-did not do the work.

Performance Standards:

English Language Arts

E1c-Read and comprehend informational materials

E2a-Produce a report of information

E3b-Participate in- group meetings

E3c-Prepare and deliver an individual presentation

E4a-Demonstrate an understanding of the rules of the English Language in written and oral work

E5a- Utilizing and analyzing functional documents

E7a –Utilizing and analyzing public documents

Social Studies

Standard 1:History of the United States and New York

Standard 5: Civic, Citizenship, and Government

Career Development and Occupational Standards

II: Integrated Learning

CONCLUSION:

At the end of this experience, you will have a clear understanding of what happened at the Republican National Convention when Mr. Johnson burned the American Flag in protest. You will also have gained knowledge about the facts of the case so that you could successfully write a newspaper question asking the question whether or not this was a right Mr. Johnson had under his First Amendment rights.