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Discussion Questions - Texas v. Johnson

Use the discussion questions to improve understanding of the case and how it was decided by the Supreme Court.

  1. If you were an Associate Justice serving on the Supreme Court, what legal arguments would you take into account in deciding Texas v. Johnson?

  2. What emotional arguments would you need to be aware of and set aside?

  3. Can you think of other examples of symbolic political speech that might be offensive to some but that would be protected by the First Amendment?

Extra Discussion: To stimulate your thinking, develop several hypothetical situations and identify what differentiates them from each other and from Texas v. Johnson.

DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.