February 28, 2013
Intro to Legal Analysis and Writing
After reading the case study I found that the state statute that used was the Texas Penal Code section 42.09(a)(3). This statute prohibits the desecration of a venerable object. For example the American Flag or any object that has significant meaning. The Judicial Branch of Government created the state statute, and that parties that were involved in this court case was Gregory Lee Johnson and the State of Texas. Besides the US Supreme Court the other three courts that were involved were as follows: Texas Court of Criminal Appeals, Texas Court of Appeals Fifth District, Dallas County Criminal Court. The citation for the US Supreme Courts decision of the Texas statute is Texas v. Johnson, 491 U.S. 397 (1989). The effect that the US Supreme Court decision had on the Texas statute is that the court stated that Johnson's actions were protected by the First Amendment and that the state could not charge Johnson. The court also stated that statute did not meet the State's goals of protecting breaches of peace due to another Texas statute. I will know explain the difference between Case Law and Statutory Law. Case Law is when a law is based specifically on judicial opinions, within a particular jurisdiction that is dealing with a specific issue. Another name for Case Law is Decisional Law. Statutory Law are laws or statutes that are enacted by the legislature. These statutes have authority of resolving issues in many cases rather then Case Law.
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