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Connect - "Texas V. Johnson'"Analysis What earlier points of law does Justice Brennan use to support the Supreme Court's opinion in this case? How does the information from previous cases support his claims?
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Javier
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In the Supreme Court case Texas v. Johnson, Justice Brennan uses several earlier points of law to support the Court's opinion. One of the key points of law that Justice Brennan references is the First Amendment, which protects freedom of speech and expression. He argues that the act of burning the American flag is a form of symbolic speech that is protected by the First Amendment.Justice Brennan also cites previous Supreme Court cases that have upheld the right to freedom of speech, such as Tinker v. Des Moines Independent Community School District (1969), which held that students do not lose their First Amendment rights when they step onto school property. He argues that the same principle applies to the case of Texas v. Johnson, where the defendant's act of burning the flag is a form of political protest that is protected by the First Amendment.By referencing these earlier points of law, Justice Brennan is able to build a strong legal foundation for the Court's opinion in Texas v. Johnson. The information from previous cases supports his claims by demonstrating that the right to freedom of speech is a fundamental right that is protected by the Constitution, and that the act of burning the flag is a form of symbolic speech that is protected by the First Amendment.