Case Study Assignment
Case Study Assignment Unit 1 Stephanie Bartles
1. The case study references one state statute. Identify and explain what it prohibits.
A. Statute 42.09(a) (3) of the Texas Penal Code prohibits the “desecration of a venerable object.” This in lemans terms prohibits the burning of flags.
2. Which branch of government (executive, judicial, or legislative) created the state statute?
A. The branch of government that creates state statutes is the legislative branch.
3. The passage above also discusses one court case. Who were the parties involved in the case?
A. The parties involved in the case were Gregory Lee Johnson and the state of Texas.
4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority.
A. Before reaching the United States Supreme Court, the three courts it went through were the Texas Court of Criminal Appeals, the Texas Court of Appeals, Fifth District, and the lowest court in the state of Texas the Dallas County Criminal Court.
5. Provide the citation for the United States Supreme Court’s decision in this case.
A. Texas v. Johnson, 491 U.S. 397 (1989)
6. What effect did the United States Supreme Court’s decision have on the Texas statute?
A. The United States Supreme Court ruled that the state of Texas could not criminalize Johnson for burning a state flag of Texas as a symbol of national unity and that Johnson was protected under the First Amendment for his expressive conduct. The Supreme Court struck down 42.09(a) (3).
7. Case law is also known as Common law which is where judgments passed become new laws where there are no statutes. Judges interpret the existing law and determine new boundaries. Statutory laws can be passed by and government agency of a country. Laws are passed by federal and state
1. The case study references one state statute. Identify and explain what it prohibits.
A. Statute 42.09(a) (3) of the Texas Penal Code prohibits the “desecration of a venerable object.” This in lemans terms prohibits the burning of flags.
2. Which branch of government (executive, judicial, or legislative) created the state statute?
A. The branch of government that creates state statutes is the legislative branch.
3. The passage above also discusses one court case. Who were the parties involved in the case?
A. The parties involved in the case were Gregory Lee Johnson and the state of Texas.
4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority.
A. Before reaching the United States Supreme Court, the three courts it went through were the Texas Court of Criminal Appeals, the Texas Court of Appeals, Fifth District, and the lowest court in the state of Texas the Dallas County Criminal Court.
5. Provide the citation for the United States Supreme Court’s decision in this case.
A. Texas v. Johnson, 491 U.S. 397 (1989)
6. What effect did the United States Supreme Court’s decision have on the Texas statute?
A. The United States Supreme Court ruled that the state of Texas could not criminalize Johnson for burning a state flag of Texas as a symbol of national unity and that Johnson was protected under the First Amendment for his expressive conduct. The Supreme Court struck down 42.09(a) (3).
7. Case law is also known as Common law which is where judgments passed become new laws where there are no statutes. Judges interpret the existing law and determine new boundaries. Statutory laws can be passed by and government agency of a country. Laws are passed by federal and state