DOL 8/30

In the excerpt from Texas v. Johnson Majority Opinion, what is Justice Brennan’s
major claim?

• The nation’s flag is the most important symbol of American ideals and freedoms.

• Americans’ First Amendment rights include the right to burn the flag in protest.

• The act of burning the nation’s flag hurts the United States and the First Amendment.

• Controversies over the right to burn the flag are necessary for the First Amendment.

In Texas v. Johnson Majority Opinion, Justice Brennan cites the Constitution as evidence to validate his argument. How will Brennan’s document most likely be viewed in the future?

• It will also set a precedent for future legal matters.

• It will also be revised and updated by future historians.

• It will also be revised and updated by future historians.

• It will also address critical future events in history.

In paragraph 3 of Texas v. Johnson Majority Opinion, Brennan paraphrases the opinion of Justice Holmes from another court case. What is the most likely reason Brennan might have for doing this?

• Holmes, Brennan’s close friend, needs support for his court opinion.

• Holmes, an expert in the field, provides a necessary counterargument to
  Brennan’s opinion.

• Holmes gives a popular opinion that is unimportant to Brennan’s views but
  of interest to readers.

• Holmes provides authoritative evidence to support Brennan’s views.

Read this quotation from paragraph 3 of Texas v. Johnson Majority Opinion

Indeed, Texas' argument that the burning of an American flag "is an act having a high likelihood to cause a breach of the peace." and its statue's implicit assumption that physical mistreatment of the flag will lead to "serious offense." tend to confirm that the flag's special role is not in danger; if it were, no one would riot or take offense because a flag had been burned.

The purpose of this statement is to appeal to his audience's -

• logic, by providing a sensible explanation for his view

• emotions, by using inspiring words such as mistreatment

• respect for authority, by reinforcing the high position of the flag

• belief in symbols, by emphasizing the special role held by the flag

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?