LECTOCOMPRENSION.

TRABAJO FINAL.
GRUPO N°6

TEMA: Freedom of speech and flag burnig- US-

DOCENTE: Pacheco, Mabel

COMISIÓN:
FECHA DE ENTREGA: 16/06/2022
ALUMNOS:
Freedom of speech—the right to express opinions without government restraint—is a democratic
ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees
free speech, though the United States, like all modern democracies, places limits on this freedom.
In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what
types of speech are—and aren’t—protected under U.S. law.

The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word
“parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek
literature around the end of the fifth century B.C.

During the classical period, parrhesia became a fundamental part of the democracy of Athens.
Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics
and religion and to criticize the government in some settings.

First Amendment

In the United States, the First Amendment protects freedom of speech.

The First Amendment was adopted on December 15, 1791 as part of the Bill of Rights—the first
ten amendments to the United States Constitution. The Bill of Rights provides constitutional
protection for certain individual liberties, including freedoms of speech, assembly and worship.

The First Amendment doesn’t specify what exactly is meant by freedom of speech. Defining what
types of speech should and shouldn’t be protected by law has fallen largely to the courts.

In general, the First Amendment guarantees the right to express ideas and information. On a basic
level, it means that people can express an opinion (even an unpopular or unsavory one) without
fear of government censorship.

It protects all forms of communication, from speeches to art and other media.

Flag Burning

While freedom of speech pertains mostly to the spoken or written word, it also protects some
forms of symbolic speech. Symbolic speech is an action that expresses an idea.

Flag burning is an example of symbolic speech that is protected under the First Amendment.
Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National
Convention in Dallas, Texas to protest the Reagan administration.

The U.S. Supreme Court, in 1990, reversed a Texas court’s conviction that Johnson broke the law
by desecrating the flag. Texas v. Johnson  invalidated statutes in Texas and 47 other states
prohibiting flag burning.
Forms of speech that aren’t protected include:

 Obscene material such as child pornography

 Plagiarism of copyrighted material

 Defamation (libel and slander)

 True threats

Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First
Amendment, either.

The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free
speech. Congress passed the Espionage Act of 1917, shortly after the United States entered
into World War I. The law prohibited interference in military operations or recruitment.

Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed
fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating
the “clear and present danger” standard, explaining when the government is allowed to limit free
speech. In this case, they viewed draft resistant as dangerous to national security.

American labor leader and Socialist Party activist Eugene Debs also was arrested under the
Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs
argued that he was exercising his right to free speech and that the Espionage Act of 1917 was
unconstitutional. In Debs v. United States  the U.S. Supreme Court upheld the constitutionality of
the Espionage Act.

Freedom of Expression

The Supreme Court has interpreted artistic freedom broadly as a form of free speech.

In most cases, freedom of expression may be restricted only if it will cause direct and imminent
harm. Shouting “fire!” in a crowded theater and causing a stampede would be an example of
direct and imminent harm.

In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle
called “content neutrality.” Content neutrality means the government can’t censor or restrict
expression just because some segment of the population finds the content offensive.
Free Speech in Schools

In 1965, students at a public high school in Des Moines, Iowa, organized a silent protest against
the Vietnam War by wearing black armbands to protest the fighting. The students were suspended
from school. The principal argued that the armbands were a distraction and could possibly lead to
danger for the students.

The Supreme Court didn’t bite—they ruled in favor of the students’ right to wear the armbands as
a form of free speech in Tinker v. Des Moines Independent School District. The case set the
standard for free speech in schools. However, First Amendment rights typically don’t apply in
private schools.

FACTS AND CASE SUMMARY: TEXAS V. JOHNSON

Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989)

Flag burning constitutes symbolic speech that is protected by the First Amendment.

FACTS: Gregory Lee Johnson burned an American flag outside of the convention center where the
1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to
protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas
statute that prevented the desecration of a venerated object, including the American flag, if such
action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed,
arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme
Court agreed to hear his case.

ISSUE :Whether flag burning constitutes "symbolic speech" protected by the First Amendment.

RULING :Yes.
REASONING (5-4): The majority of the Court, according to Justice William Brennan, agreed with
Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the
First Amendment. The majority noted that freedom of speech protects actions that society may find
very offensive, but society's outrage alone is not justification for suppressing free speech. In
particular, the majority noted that the Texas law discriminated upon viewpoint, i.e., although the
law punished actions, such as flag burning, that might arouse anger in others, it specifically
exempted from prosecution actions that were respectful of venerated objects, e.g., burning and
burying a worn-out flag. The majority said that the government could not discriminate in this
manner based solely upon viewpoint.

DISSENT Justice Stevens Writing for the dissent, Justice Stevens argued that the flag's unique
status as a symbol of national unity outweighed "symbolic speech" concerns, and thus, the
government could lawfully prohibit flag burning.

Falta la otra parte del texto:

Resolver el significado de términos técnicos en el contexto. Elaborar un glosario de por lo menos

20 términos e indicar qué buscador usaron (glosario, wordreference, proz, etc)

2. Analizar el texto desde el punto de vista de su estructura y tipología textual.

3. Sintetizar en una oración el tema central del texto.

4. Enunciar sucintamente los temas que se desarrollan en el texto (ejemplo: asignar subtítulos).

5. Enumerar, por lo menos, DIEZ conectores y explicar su significado en el texto.

when, While,as, if, However, but,( cuando pongamos el otro texto busco mas) y explicar su
significado

6. Enumerar, por lo menos, diez (10) prefijos o sufijos utilizados en el texto, identificar la palabra
raíz y su significado.

7. Encontrar 5 ejemplos de voz pasiva y su significado en el texto

8. Relacionar el texto seleccionado con los temas vistos en clase.

9. Formular seis preguntas sobre temas que lo ayudarían a comprender mejor el texto (por

ejemplo: ¿qué dice la ley….? ¿Cuál es el estado actual de dicha pareja?). Responder dos de

esas preguntas (Incluir el hipervínculo de los sitios consultados para responderlas)

10. Incluir toda la bibliografía/sitios web consultados

file:///C:/Users/Familia/Downloads/free-speech-flag-burning_1%20(1).pdf

https://www.history.com/topics/united-states-constitution/freedom-of-speech#:~:text=Flag
%20Burning%20While%20freedom%20of%20speech%20pertains%20mostly,speech%20that%20is
%20protected%20under%20the%20First%20Amendment

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