Flag burning
...owingly desecrates: (1) a public monument; (2) a place of worship or burial; or (3) a state or national flag. (b) For purposes of this section, 'desecrate' means deface, damage, or otherwise physically mistreat in a way that the actor knows will seriously offend one or more persons likely to observe or discover his action. (c) An offense under this section is a Class A misdemeanor (Tedford, Herbeck).” It is obvious after close examination of Penal Code Ann. § 42.09 that Gregory Lee Johnson did in fact knowingly and intentionally desecrate a national flag which makes my decision quite logical. Kathy Drew, assistant District Attorney for Dallas County, argued that it is imperative our nation’s flag be kept sacred and maintain its physical integrity. As she so eloquently worded it, “We believe that preservation of the flag as a symbol of nationhood and national unity is a compelling and valid state interest. We feel certain that Congress has the power to both adopt a national symbol and to… prevent the destruction of that symbol.” I completely concur with Mrs. Drew on the grounds that it is indeed the United States responsibility to uphold the symbolism of the flag and exactly what it stands for. Although Gregory Johnson may have been attempting to convey his feelings towards the current political regime he did so in an illegal and completely unprecedented manor. The defense did have, however, very persuading arguments. The most convincing of which being that this indeed was an act of symbolic speech. "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. The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment (http://www.soc.umn.edu/~samaha/cases/texas%20v%20johnson.htm)." There are, nevertheless, a number of exceptions that are unprotected by this amendment, two of which being slander or obscene gestures(Lee...