1. Plessy v. Ferguson
Texas v. Johnson
Tinker v. Des Moines

2. 
 In 1890, Louisiana passed a law called the Separate Car Act. This law said that
railroad companies must provide separate but equal train cars for whites and
blacks. A group of black citizens and the East Louisiana Railroad Company
didn't’ like this new act so they had a black man, Homer Plessy, buy a railroad
ticket and sit with the whites. After he was asked to get he replied no and then
was arrested .
 The Plaintiff argued that Plessy violated the statue that was passed stating that this,
Separate car act, said that railroads in Louisiana were to be separate but equal.” John
Howard Ferguson was the judge presiding over Plessy's criminal case in the district
court. He had previously declared the Separate Car Act "unconstitutional on trains
that traveled through several states." However, in Plessy's case he decided that the
state could choose to regulate railroad companies that operated solely within the
state of Louisiana. Therefore, Ferguson found Plessy guilty and declared the Separate
Car Act
constitutional.”(http://www.streetlaw.org/en/Page/421/Background_Summary__
Questions_)
Plessy v. Ferguson

3. 
 Plessy argued that the Separation Act violated his thirteenth and fourteenth
amendments to the constitution. The fourteenth amendment states that the
government treat people equally and the thirteenth amendment bans slavery
throughout the U.S. “Plessy appealed the case to the Louisiana State Supreme
Court, which affirmed the decision that the Louisiana law was constitutional.
Plessy then took his case, Plessy v. Ferguson, to the Supreme Court of the United
States, the highest court in the country. Judge John Howard Ferguson was
named in the case because he had been named in the petition to the Louisiana
State Supreme Court, not because he was a party to the initial
lawsuit”.(http://www.streetlaw.org/en/Page/423/Background_Summary__Q
uestions_)
Plessy v. Ferguson

4. 
 In a 7-1 decision the court ruled against Plessy testifying that the separation act
does not conflict with the thirteenth amendment. The dissent, written by Justice
John Marshall Harlan, disagreed, arguing that segregationist laws indoctrinate
society with the belief that the two races are not equal. The justices explained
that because the Louisiana law did not conflict with the purpose of the
Fourteenth Amendment, the only remaining question was whether it was
reasonable, and enacted in good faith for the promotion for the public good.
The amendments involved are the 13th and 14th amendments. This is a
landmark case because it argued against the “separate but equal” policy and
later set up court cases to argue the same such as Brown v. Board of Education.
Plessy v. Ferguson

5. 
 Two students named John and Mary Beth Tinker wore black armbands that
symbolized protesting against the Vietnam War. Their school didn’t allow these
armbands to be worn, but they wore it anyway. The two students were asked to
take the armbands off. They refused to do so, so they were suspended until
they agreed to take the armbands off.
 The tow students sued the school district and claimed they violated their
freedom of speech. They claimed that the armbands are were a form of
symbolic speech and they brought there case to the U.S. District Court
Tinker v. Des Moines

6. 
 The plaintiff stated that the armbands were a disruption to the learning of
students. “Claiming that the school officials' actions were reasonable in light of
potential disruptions from the students' protest. The Tinkers appealed their
case to the U.S. Court of Appeals but were disappointed when a tie vote in that
court allowed the District Court's ruling stand. As a result they decided to
appeal the case to the Supreme Court of the United
States.”(http://www.streetlaw.org/en/Page/230/Background_summary__qu
estions_)
Tinker v. Des Moines

7. 
 The Court ruled 7 to 2. Justice Fortas delivered the majority opinion of the
Court. Five justices agreed with the majority opinion. Two justices concurred,
meaning that they agreed with the Court's decision that the school policy was
unconstitutional, but they wrote separately to explain their reasoning. Two
justices dissented. Justice Fortas delivered the majority opinion of the Court.
 It was the first ruling that looked at the issue of the 1st amendment rights for
students at public schools. What they decided is that in fact the 1st Amendment
does protect student speech, but student speech is subject to "constitutionally
valid" controls by school administration.
Tinker v. Des Moines

8. 
 In 1984, the Republican National Convention was held in Dallas, Texas.
Gregory Lee Johnson took part in a demonstration there. He and his group
were protesting against nuclear weapons among other things. They marched
through the streets shouting. Johnson was carrying an American flag. When he
reached Dallas City Hall, Johnson poured kerosene on the flag. Then he set it on
fire. While the flag burned, people shouted, "America, the red, white, and blue,
we spit on you." No one was hurt, but some people who were there said they
were very upset.
 Johnson was arrested. He was charged with violating a Texas law that said
people couldn't vandalize a respected object. He was convicted, sentenced to
one year in prison, and fined $2,000. Johnson appealed his case to the Texas
Court of Criminal Appeals, which agreed with him
Texas v. Johnson

9. 
 “The court first found that Johnson's burning of the flag was expressive
conduct protected by the First Amendment. Therefore in order for a state to
criminalize or regulate such conduct it would have to serve a compelling state
interest that would outweigh the protection of the First
Amendment.”(http://www.streetlaw.org/en/Page/674/Background_summar
y__questions_)
 The court concluded that criminally permitting flag desecration in order to
protect the flag as a symbol of national unison was not a persuasive enough
interest to endure the constitutional challenge.
Texas v. Johnson

10. 
 The case was decided 5 to 4 The court first looked at whether the First
Amendment protected non-speech acts, since Johnson was convicted of flag
desecration rather than verbal communication. As to the "breach of the peace"
justification, however, the Court found that "no disturbance of the peace
actually occurred or threatened to occur because of Johnson's burning of the
flag," and Texas conceded as much.
 Texas v. Johnson is considered a landmark case because it overturned a state
law prohibiting flag desecration and formally declared the act a form of
“expressive political speech” which is protected by the 1st amendment.
Texas v. Johnson

11. 
 In most of the cases the 1st amendment is looked at very deeply in each case. In
the Texas v. Johnson case the 1st amendment was looked at and made it official
that expressive political speech is protected under the 1st amendment. In the
Tinker v. Des Moines case the Freedom of Speech under the 1st Amendment
was looked at for the 1st time for student rights. The Plessy v. Ferguson case
investigated the 13th and 14th amendments and whether the separate but equal
acts violated these rights. This case was dismissed , but it set up arguments for
future similar situations including the Brown v. Board of Education Case.
Concluding summary