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Constitutional Law Keyed to Farber
Texas v. Johnson
Citation:Texas v. Johnson 491 U.S. 397, 109 S. Ct. 2533, 105 L.Ed.2d (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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
Gregory Lee Johnson publicly burned an American flag outside the Republican National Convention in Dallas as a means of protest. This violated a Texas statute that prohibited the desecration of a venerated object, including the national flag, and was convicted under that statute. Texas claimed that its interest in preventing breaches of the peace justified the statute and Johnson’s conviction, though there was no evidence presented at trial of any disturbance of the peace.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.