1. Texas v. Johnson Majority Opinion
Close Reading

2. Restate the first paragraph in your own words.
The court will not say that the First Amendment rights are protected except when it comes to the treatment of the flag. IN OTHER WORDS, the American flag not the exception to the rule.

3. Cite the lines in which Justice Brennan applies Holme’s idea to the current case.
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 statute’s implicit assumption physical mistreatment of the flag will lead to “serious offense,” tend to confirm that the flag’s special role is not in danger.

4. Explain the compulsion regarding the flag in Texas v. Johnson.
Texas tried to force its citizens to treat the flag properly by banning the burning of the flag in protest.

5. How does Brennan use the state’s implicit assumption to support his argument?
The flag must be special if disrespect of it offends people.

6. Why does Justice Brennan make this reaffirmation?
The court agrees with the principles the flag stands for and has made its decision based on them.

7. Explain Justice Brennan’s use of the word “resilience” in “and it is that resilience we reassert” (line 35).
The Court’s decision confirms that the U.S. is a resilient nation.

8. American Flag Stands for Tolerance
Close Reading

9. How does Allen’s use of slaughtered instead of killed reveal his attitude toward the subject?
The more negative connotation of “slaughtered” suggests that he finds the Chinese government’s actions horrifying.

10. Why might flag burning be considered governmental orthdoxy?
Orthodoxy  traditionally accepted codes and customs Governmental orthodoxy  orthodoxy enforced by the government Making it illegal to burn the flag would force on all people the government’s belief that the flag must be respected.

11. Give an example of how Americans demonstrate their belief in the sanctity of human conscience.
A person can pass out literature or express opinions in public without fear of being arrested.

12. Cite the evidence Allen uses to support his argument that freedom of conscience is of profound importance to Americans.
Allen points out how the First Amendment, which lists citizens’ freedoms, is at the beginning of the Bill of Rights because it is “first in importance” (lines 33-34).

13. Read lines 46-51 and identify the emotional language Allen uses to help make his point.
“Hopelessly at odds” (line 49)

14. What are some possible dangers in following dogma?
Dogma: principles or beliefs that an authority insists are true. More relevant and helpful ideas may be possible; the beliefs of one group might conflict with the beliefs of another group and lead to dangerous conflict.

15. Explain how the dissenters of the case might find Allen’s opinion ironic.
Dissenters  people who disagree Dogma  principles or beliefs that an authority insists are true. What does Allen say about dogma? Commitment to freedom of conscience and expression “requires the rejection of official dogma.”

16. Explain how the dissenters of the case might find Allen’s opinion ironic.
***Issue: Allen puts forth a dogma to support his claim. “each American may think and express anything he wants” (lines 59-60) He argues that the only principle Americans must accept is the belief that freedom of conscience and expression must be fully protected, even when the expression is offensive. This belief is a dogma.

17. What inference can be made after reading lines 69-76?
Allen believes that controversy is important to freedom.

18. Are any of Allen’s statements in the last paragraph examples of fallacy?
No. They are not examples of fallacy because he has provided evidence to support his view that the controversy of flag burning is part of our commitment to freedom of conscience and expression.

19. Compare and Contrast Texas v
Compare and Contrast Texas v. Johnson and “American Flag Stands for Tolerance”
With your groups, come up with as many similarities and differences between the two texts as possible. You may refer to the specific beliefs that are expressed and to the types of evidence that each author uses to express his ideas. (Create a t-chart to list your findings.)

20. Compare and Contrast Texas v
Compare and Contrast Texas v. Johnson and “American Flag Stands for Tolerance”
Similarities
Differences
Both agree that the flag is important to Americans.
Brennan (Texas v. Johnson) argues specifically against Texas, while Allen (American Flag Stands for Tolerance) addresses more general concerns about flag burning.
The flag represents the most important and basic American principles.
Brennan uses earlier court cases to support his point (traditional legal reasoning).
Both support the decision that flag burning should be protected by the First Amendment.