Texas v. Johnson Quiz

In the excerpt from Texas v. Johnson Majority Opinion, what is Justice Brennan’s major claim?

• The nation’s flag is the most important symbol of American ideals and freedoms.

• Americans’ First Amendment rights include the right to burn the flag in protest.

• The act of burning the nation’s flag hurts the United States and the First Amendment.

• Controversies over the right to burn the flag are necessary for the First Amendment.

In paragraph 3 of Texas v. Johnson Majority Opinion, Brennan paraphrases the opinion of Justice Holmes from another court case. What is the most likely reason Brennan might have for doing this?

• Holmes, Brennan’s close friend, needs support for his court opinion.

• Holmes, an expert in the field, provides a necessary counterargument to Brennan’s opinion.

• Holmes gives a popular opinion that is unimportant to Brennan’s views but of interest to readers.

• Holmes provides authoritative evidence to support Brennan’s views.

Read this quotation from paragraph 3 of Texas v. Johnson Majority Opinion. Indeed, 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 that physical mistreatment of the flag will lead to “serious offense,” tend to confirm that the flag’s special role is not in danger; if it were, no one would riot or take offense because a flag had been burned. The purpose of this statement by Justice Brennan is to appeal to his audience’s —

• logic, by providing a sensible explanation for his view

• emotions, by using inspiring words such as mistreatment

• sense of justice, by reinforcing the high position of the flag

• emotions, by emphasizing the special role held by the flag

This question has two parts. First, answer Part A. Then, answer Part B. Part A How does Justice Rehnquist support his opinion in Texas v. Johnson Dissent?

• He describes the many variations of the flag to prove how it is not important because it changes often.

• He quotes from patriotic songs and documents to emphasize Americans’ connection to the flag.

• He cites prior rulings to demonstrate the flaws in Brennan’s majority opinion.

• He explains how the flag has a magical power that strengthens the country.

Part B Which two excerpts from the opinion best support the answer to Part A?

• By the rude bridge that arched the flood / Their flag to April’s breeze unfurled . . . (paragraph 2)

• During that time, there were many colonial and regimental flags, adorned with such symbols as pine trees, beavers, anchors, and rattlesnakes, bearing slogans such as “Liberty or Death,” “Hope,” “An Appeal to Heaven,” and “Don’t Tread on Me.” (paragraph 3)

• The Union troops marched to the sound of “Yes We’ll Rally Round the Flag Boys, We’ll Rally Once Again.” (paragraph 6)

• Millions and millions of Americans regard it with an almost mystical reverence, regardless of what sort of social, political, or philosophical beliefs they may have. (paragraph 7)

The author of “American Flag Stands for Tolerance” presents an opposing claim in paragraph 5. How does he rebut this opposing claim in paragraph 6?

• He maintains that the objection to his claim is untrue because the principle he upholds is not dogmatic.

• He argues that the requirement to reject dogma is limited to rejecting one particular principle, not all dogma.

• He admits that the objection to his claim is true, but states that the dogma he supports is more reasonable than what it replaces.

• He points out that the idea of limiting freedom of expression to protect the flag is a belief of private citizens, but should be official dogma.

What is the author of “American Flag Stands for Tolerance” attempting to point out through his appeal to logic in paragraph 7?

• The importance of allowing respectful protests

• Why the controversy about flag burning is unimportant

• The lengths some people may go to in order to make a point

• Why controversial acts and beliefs are the reason we need free speech

Read the sentence from paragraph 9 of “American Flag Stands for Tolerance.” After all, it is in robust debate that we are most true to ourselves. Which synonym for robust most closely communicates the same meaning?

• Tough

• Sturdy

• Vigorous

• Boisterous

What can a reader reasonably infer about Brennan’s and Allen’s views of the First Amendment from the arguments they wrote?

• Both Brennan and Allen see the First Amendment as much more under threat than other amendments in the Bill of Rights.

• Both Brennan and Allen see the First Amendment as most deserving of protection among all the amendments in the Bill of Rights.

• Brennan does not think the flag is covered by the First Amendment; Allen thinks the flag is covered by the First Amendment.

• Brennan does not state his specific views on the First Amendment; Allen views it as the most important amendment in the Bill of Rights.

How will Brennan’s majority opinion most likely be used in the future?

• It will influence rulings in later cases.

• It will be revised by future politicians.

• It will lead to political upheaval.

• It will cause confusion for historians.