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Constitutional Law Keyed to Choper
Texas v. Johnson
Citation:491 U.S. 397, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989).
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
While the Republic National Convention was taking place in Dallas in 1984, Johnson participated in a political demonstration protesting against Reagan administration policies. While standing in front of Dallas City Hall, Johnson unfurled the American flag, doused it with kerosene, and set it on fire. As the flag burned, protestors chanted “America, the red, white, and blue, we spit on you.” There were no physical injuries or threats of injury, though several witnesses testified that they were seriously offended by the flag burning. Johnson was subsequently convicted of desecrating a flag in violation of a Texas law outlawing flag desecration. Johnson was sentenced to one year in jail and assessed a $2,000 fine.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.