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Casebook Read Credits
Constitutional Law II
Resource 2 . 3 . 1 . 3
24 minutes

Texas v. Johnson

Luke Smith Morgan

This is the famous flag-burning case. Justice Brennan's majority opinion is a careful, doctrinally precise application of Spence and O'Brien, which you just read. Read his opinion closely to see how the parts fit together,.

I've included excerpts from Justice Kennedy's concurrence and two dissenting opinions, including a surprising dissent from Justice Stevens. You can choose whether or not to read them--they're not focused quite so much on doctrine.

Supreme Court of the United States
105 L. Ed. 2d 342, 109 S. Ct. 2533, 491 U.S. 397, 1989 U.S. LEXIS 3115, 57 U.S.L.W. 4770
88-155
1989-06-21

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