Texas vs Johnson / American Flag Stands For Tolerance

Annotate: Underline the two phrases set off by commas in the first sentence of paragraph 4.

, in fact, , not weakened,

Who is more attached to dogma, a politician who votes against everything or a parent who refuses to change your curfew?

A politician who votes against everything is attached to dogma; there is no flexibility on any topic.

Notice & Note Allen discriminates, or distinguishes, between what people should do and what they should be allowed to do. How does he reconcile this apparent contradiction in his argument?

Allen points out that the First Amendment protects freedom of expression, even when that expression is offensive, as long as it does not cause risk of injury or destruction of someone else's property. He further says that "the flag stands for free expression of ideas, no matter how distasteful" (paragraph 8).

Analyze: How does Allen support this claim?

Allen supports his claim that "The Supreme Court was not wrong" in its decision by stating that "a decision contrary to the one reached would have been a definitive step away from our national aspirations."

Which do you think better exemplifies sanctity, a mayor being sworn into office or a solemn religious service?

Although a swearing-in ceremony involves taking solemn oath, a religious service would be seen as something more sacred, and more closely tied to the idea of sanctity

Connect Arguments about the First Amendment are ongoing. Name a recent event that caused a debate about people's rights. How do you think the authors of these texts would respond to the debate?

Answers vary

Evaluate Does one author seem more credible than the other? Why?

As a Supreme Court Justice, Brennan is more credible. His objective tone also makes his opinion sound more authoritative. Allen uses some emotional language that somewhat detracts from his credibility.

Connect 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?

Barnette, 319 U.S. at 640 or Abrams v. United States. The quote from Barnette sets up the idea that there is a difference between encouraging national unity and forcing it through law. The information from Abrams v. United States supports Brennan's claim that the Court's decision is not going to destroy public opinion of the flag

Analyze In his editorial, Allen talks about the "sanctity of the human conscience" and the "enlightenment" that comes from debate. Explain how the connotations of these words convey his tone.

Both "sanctity" and "enlightenment" have strongly positive connotations, which convey a positive attitude, or tone, toward the freedoms Americans share and the commitment to keeping them.

Respond: Reread the sentence without these phrases. What do they add to Brennan's meaning?

Both phrases are unnecessary for meaning but add emphasis to Brennan's ideas

Compare What ideas are expressed in both the court opinion and the argument? Which selection's argument do you find more convincing? Why?

Both texts are about how people should be allowed to burn the flag in protest without being criminally punished. Allen's use of emotional language makes his argument more convincing because his ideas become more personal for readers

Analyze Compare the tone of the two selections. What makes one selection more serious and thoughtful and the other more emotional?

Brennan's tone is serious and thoughtful, as he is explaining the decision of a group of people—a decision that directly affected the life of one person but has implications about future law enforcement. He uses past court cases as evidence instead of appealing to people's emotions. Allen uses appeals to patriotism to make the tone of his editorial more personal and engaging.

Annotate: Mark two ideas in paragraph 1 that the author places together in order to contrast them.

In a controversial decision, the Supreme Court, by the closest possible margin of a 5-to-4 vote, held that a person has a right to express disagreement with governmental policies by burning the American flag. In a decision at least as controversial, the leadership of the People's Republic of China decided that citizens who peacefully express disagreement with government policies may be slaughtered

Analyze Allen presents a counterargument involving respect for the flag at the beginning of the editorial. How does this contribute to the structure of his argument? How does he address the counterargument?

It helps make a foundation for his own argument revealing that forcing respect by the supreme court is going to undermine the freedom that the Americans value.

Which of these describes Brennan's opinion of the American flag?

It plays a special role in American society.

Cite Evidence How does Justice Brennan support the idea that "the flag's deservedly cherished place in our community will be strengthened, not weakened" by the ruling?

Justice Brennan says that the Supreme Court's decision reaffirms the principles of free speech, specifically freedom and inclusiveness, which are the very principles the flag represents.

Infer Justice Brennan repeatedly uses the word resilience to refer to the United States. What does the repetition of this word suggest about his view of the Constitution?

Justice Brennan's repetition of resilience suggests that he sees the Constitution as strong because it is flexible.

Interpret: How does Brennan use a court case from the past (Abrams v. United States) to support this claim?

Justice Holmes said that one person's action isn't going to change the entire nation's feelings about the flag. As a previous Supreme Court Justice, Holmes's words carry authority.)

Annotate: Mark The Words That Brennan cites from another legal document.

National unity as an end which officials may foster by persuasion and example is not in question. The problem is whether, under our Constitution, compulsion as here employed is a permissible means for its achievement. [Barnette, 319 U.S. at 640.]

Compare In its argument to make flag burning a criminal offense, what consequences did Texas predict might happen? How did the Supreme Court interpret the significance of these possible events?

Texas argued that flag burning would cause rioting and the loss of the flag's special role in American culture. The Supreme Court argued that the flag's special role was not in danger because if it were, no one would care that it was being burned.

Annotate: Mark the claim Allen makes in paragraph 3.

The Supreme Court was not wrong. Indeed, a decision contrary to the one reached would have been a definitive step away from our national aspirations

Analyze: What is the effect of the author's use of antithesis here?

The author is contrasting the lack of freedom shown by China's choice to execute protesters with the decision of Texas v. Johnson. The effect is to emphasize the goodness or rightness of the Supreme Court's position by its contrast to a position that was terribly violent and extreme

Analyze: How does the dash link two ideas in this sentence?

The dash links the ideas presented previously and those presented after the dash, or "another way" to consider the topic

What does Allen see as a bright point in the controversy?

The debate it inspires

Analyze How is the image of the flag flying over Fort McHenry related to the central idea of the court opinion?

The flag flying after the bombardment of Fort McHenry strengthened people's pride in the nation. Similarly, the Supreme Court believes its ruling will increase people's pride in the principles the flag represents.

Interpret Reread the citation. Paraphrase its meaning.

The question isn't whether officials should encourage national unity. The question is whether the Constitution allows officials to force people to show national unity

Evaluate A logical fallacy is an error in reasoning. Suppose Allen had included this sentence in his editorial: Anyone who wants to throw flag burners in jail is obviously not a supporter of the Constitution. In what way is this statement a fallacy? How would this sentence have affected Allen's argument?

The statement is an overgeneralization about people who disagree with Allen. If he had included it, he would have insulted the very audience he is trying to convince, so his argument would have failed.

Infer What words or phrases in paragraph 2 convey Allen's feelings about the flag? Does understanding his attitude make you feel that his argument is stronger or weaker? Why?

The words "cherished," "aspirations," "reverence," "best," and "respect" show Allen's feelings toward the flag. Understanding his attitude toward the flag makes me feel that his argument is stronger because it's clear that he has great respect for the flag, yet he thinks it's important to Americans' belief in freedom that they should be allowed to burn the flag in protest if they wish.

What is Allen's stance on people who burn the American flag?

Their offensive act is protected by the First Amendment.

What is the purpose of the italicized words such as Barnette in the text?

They identify important court decisions related to this decision.

What did the Supreme Court decide should happen to people who burn the flag?

They should not be punished because their actions are protected under the First Amendment.

Annotate: Mark the dash in paragraph 9.

at it—to acknowledge.....

which Critical Vocabulary word is most closely associated with the situation in the sentence. Anthony wants to go hang out with friends, but has to babysit his little brother instead.

compulsion

Annotate: Mark the claim Brennan makes about the consequences of the decision.

forbidding criminal punishment for conduct such as Johnson's will not endanger the special role played by our flag or the feelings it inspires

Allen believes that, above all, the flag symbolizes tolerance and —

free expression

which Critical Vocabulary word is most closely associated with the situation in the sentence. Abby asks to borrow the car, but her father raises an eyebrow and looks at her pile of homework

implicit

which Critical Vocabulary word is most closely associated with the situation in the sentence. Our grandparents renewed their wedding vows on their 45th anniversary.

reaffirmation

which Critical Vocabulary word is most closely associated with the situation in the sentence. Citizens of a town ravaged by hurricanes work together to rebuild each other's homes.

resilience

Which do you consider more of an icon, a statue of a past national leader or a very popular musician?

statue in a church is more of an icon because it is of a religious figure that most people seeing it would revere