first thing to remember is this: Even though you are re-enacting
a 1989 Supreme Court case, you are not the court of 1989.
You must make your own reasoned deliberation and decision.
preparing to hear Texas v. Johnson, you should review all
the information on this case and the cases that set precedents for
it. Develop a list of questions you want to ask the attorneys. These
questions might have to do with details of the case you do not understand.
You might ask the attorneys to clarify some facts or to tell how
previous cases relate to this one.
get you started, here are a few of the issues the Supreme Court
justices raised when this case was heard. Think about why these
topics might be important in reaching your decision.
- What is the importance of preserving a respected
symbol of our country?
- Can someone burn a copy of the Constitution?
- Was the flag stolen?
- Was the Texas law designed to prevent violence
or to prevent a breach of the peace?
develop additional questions, go to http://supct.law.cornell.edu/supct/
and click on “Questions presented in cases to be heard.” These are
the most recent cases and issues confronting the Supreme Court.
Use them as models.
also should make sure you understand the First Amendment concept:
“Congress shall make no law … abridging the freedom of speech …
- What speech
does the First Amendment protect?
- Does freedom
of speech protect statements that are hateful, defiant and
- Is this
case an example of speech that is or is not protected by the First
- What is
symbolic speech? How does the concept of symbolic speech apply
should also understand the First Amendment concept expressed
as the “… right of the people … to petition the Government for a
redress of grievances.”
- Was Gregory
Lee Johnson exercising this right?
might consider the concept of “fighting
expression be prohibited if it involves action that may disturb
Texas bring criminal charges against Gregory Lee Johnson for the
ideas he expressed?
To form questions
and deliberate, you may use cases after 1989 as well as those cases
that were precedents for Texas v. Johnson when it was first
You will find
information on the cases in the library and online at http://law.findlaw.com,
and at http://supct.law.cornell.edu/supct/.
that the Dallas district attorney is the petitioner and presents
first. Johnson’s attorneys (respondents) present second. You can
interrupt the attorneys with questions at any time.
must select a chief justice from your group of nine. The chief justice
should lead your discussion of the case after the presentations.
the attorneys have concluded their arguments and you have asked
your questions, you will deliberate in front of the class. After
each justice has stated what he or she believes is the pertinent
issue and convincing argument, the chief justice should determine
the will of the court by asking for a show of hands. From
the majority, select one person to present the majority opinion;
from the minority, select one person to present the dissenting opinion.
If there is a justice in the majority with a particularly different
analysis of the issue, he or she may present a concurring opinion.