Protecting National Flags: Must the United States Protect Corresp COMMENT
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Politics in Action: Amending the Constitution Regory Lee Johnson Knew Little About the Constitution, but He Knew That He Was Upset
2 Listen to Chapter 2 on MyPoliSciLab The Constitution Politics in Action: Amending the Constitution regory Lee Johnson knew little about the Constitution, but he knew that he was upset. He felt that the buildup of nuclear weapons in the world threatened the planet’s survival, and he wanted to protest presidential and corporate policies G concerning nuclear weapons. Yet he had no money to hire a lobbyist or to pur- chase an ad in a newspaper. So he and some other demonstrators marched through the streets of Dallas, chanting political slogans and stopping at several corporate loca- tions to stage “die-ins” intended to dramatize the consequences of nuclear war. The demonstra- tion ended in front of Dallas City Hall, where Gregory doused an American flag with kerosene and set it on fire. Burning the flag violated the law, and Gregory was convicted of “desecration of a venerated object,” sentenced to one year in prison, and fined $2,000. He appealed his conviction, claiming that the law that prohibited burning the flag violated his freedom of speech. The U.S. Supreme Court agreed in the case of Texas v. Gregory Lee Johnson. Gregory was pleased with the Court’s decision, but he was nearly alone. The public howled its opposition to the decision, and President George H. W. Bush called for a constitutional amend- ment authorizing punishment of flag desecraters. Many public officials vowed to support the amendment, and organized opposition to it was scarce. However, an amendment to prohibit burn- ing the American flag did not obtain the two-thirds vote in each house of Congress necessary to send it to the states for ratification. -
The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences
Chicago Journal of International Law Volume 13 Number 1 Article 6 6-1-2012 The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences Michael P. Scharf Margaux Day Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Scharf, Michael P. and Day, Margaux (2012) "The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences," Chicago Journal of International Law: Vol. 13: No. 1, Article 6. Available at: https://chicagounbound.uchicago.edu/cjil/vol13/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences Michael P. Scharf and Margaux Dayt Abstract This Article examines a vexing evidentiaU question with which the InternationalCourt of Justice has struggled in several cases, namely: What should the Court do when one of the parties has exclusive access to critical evidence and refuses to produce it for securiy or other reasons? In itsfirst case, Corfu Channel, the Court decided to apply liberalinferences offact against the non-producingpary, but in the more recent Crime of Genocide case, the Court declined to do so under seemingly similardrcumstances. By carefully examining the treatment of evidence exclusively accessible by one party in these and other internationalcases, this Article seeks, first, to illuminate the nuances in the Court's approach to ircumstantial evidence and adverse inferences and, second, to recommend a more coherent app roach for the future. -
Self-Defence in the Immediate Aftermath of the Adoption of the UN Charter
UvA-DARE (Digital Academic Repository) Anticipatory action in self-defence: The law of self-defence - past, presence and future Tibori Szabó, K.J. Publication date 2010 Link to publication Citation for published version (APA): Tibori Szabó, K. J. (2010). Anticipatory action in self-defence: The law of self-defence - past, presence and future. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:01 Oct 2021 129 7 Self-defence in the immediate aftermath of the adoption of the UN Charter 7.1 Introduction The Charter of the United Nations set up a new world organization with several organs that were given executive, legislative, judicial and other functions. The declared objectives of the new organization were the maintenance of international peace and security, the development of friendly relations and international co-operation in solving international problems, as well as the promotion of human rights and fundamental freedoms.1 These goals were to be achieved through the work of the various organs of the UN, most importantly the Security Council, the General Assembly and the International Court of Justice. -
Texas V. Johnson: the Constitutional Protection of Flag Desecration
Pepperdine Law Review Volume 17 Issue 3 Article 6 4-15-1990 Texas v. Johnson: The Constitutional Protection of Flag Desecration Patricia Lofton Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, Jurisprudence Commons, and the Law and Society Commons Recommended Citation Patricia Lofton Texas v. Johnson: The Constitutional Protection of Flag Desecration, 17 Pepp. L. Rev. Iss. 3 (1990) Available at: https://digitalcommons.pepperdine.edu/plr/vol17/iss3/6 This Note is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Texas v. Johnson: The Constitutional Protection of Flag Desecration I. INTRODUCTION On August 22, 1984, an American flag was flying in front of the Mercantile Bank building in Dallas, Texas. While Dallas was hosting the Republican National Convention, Gregory Lee Johnson and fel- low protesters were marching through the streets to challenge the policies of the Reagan Administration.1 Along the way, they spray painted buildings and staged "die-in's" to demonstrate the effect of a nuclear explosion.2 When the protestors arrived at the Mercantile Bank building, they bent down the flagpole and one of them removed the American flag from its pole and handed it to Johnson.3 The march continued to the Dallas City Hall where Johnson burned the flag while the protesters chanted "America, the -red, white, and blue, we. -
Should the U.S. Enact a Flag Desecration Amendment?
LandmarkCases.org Texas v. Johnson / Should the U.S. Enact a Flag Desecration Amendment? Texas v. Johnson / Should the U.S. Enact a Flag Desecration Amendment? Directions: 1. Read the Background section below. 2. Complete the Flag Desecration Amendment section (page 3). Background Did you know that the proper method of destroying or “retiring” a flag that is worn out or soiled is to burn it? Boy Scouts and American Legion groups regularly perform such ceremonies. However, ordinary U.S. citizens who have burned flags for other reasons, such as political protest, have often been subject to arrest. Congress passed the Flag Protection Act in 1968 while some people were protesting against the Vietnam War. It was a national law that made it illegal to burn or treat the flag disrespectfully, which is called desecration. Many states also had laws that made flag burning illegal. In 1984, Gregory Lee Johnson was arrested for burning a flag during a protest outside the Republican National Convention in Texas. His case, Texas v. Johnson, eventually went to the Supreme Court of the United States. In the 5-4 ruling the Court explained that what Johnson did is a form of speech that is protected by the First Amendment making all flag desecration laws unconstitutional. Because of the Supreme Court’s decision in Texas v. Johnson, those who wanted to ban flag burning would have to amend the Constitution to make it happen. The most common path to enact a proposed constitutional amendment is proposal by two-thirds majority in both houses of Congress and ratification by three-fourths of the state legislatures (see graphic on page 2). -
Affaire Du Detroit De Corfou the Corfu Channel Case
[CL-0251] COUR INTERNA TIO NALE DE JUSTICE RECUEIL DES ARRETS, AVIS CONSULTATIFS ET ORDONNANCES , AFFAIRE DU DETROIT DE CORFOU (FOND) ARRET DU 9 AVP.IL 191t9 1949 INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS THE CORFU CHANNEL CASE (MERITS) JUDGMENT OF APRIL 9th, 191t9 LEYDE LEYDEN SOCIETE D'EDITIONS A. W. SIJTHOFF'S A. W. SIJTHOFF PUBLISHING COMPANY Le present arret doit etre cite comme suit : « Affaire du Detroit de Corfou, Arret du 9 avril 1949: C. I. ]. Recueil 1949, p. 4. » This Judgment should be cited as follows : "Corfu Channel case, Judgment of April 9th, 1949: I. C. ]. Reports 1949, p. 4-" N° de vente: }5 Sales number 4 INTERNATIONAL COURT OF JUSTICE 1949. YEAR 1949. April 9th. General List April 9th, 1949. No. 1. THE CORFU CHANNEL CASE (MERITS) International responsibility for explosion of mines in territorial waters.--Connivance with another State; •evidence.-Minelaying by persons unknown.-Knowledge of minelaying by State party.to proceed ings : control of territory as ground for responsibility ; its influence on the choice of means of proof ; indirect evidence, concordant inferences of fact.-Breach of obligations resulting from knowledge of minelaying, grounds for responsibility.-Court's jurisdiction to assess amount of compensation; interpretation of Special Agreement; subsequent attitude of Parties. Right of passage of warships in time oJ peace through straits connect ing two parts of the high seas.-International custom.-Straits in which right of passage exists.-North Corfu Channel.-lnnocent passage; purpose of passage and manner of its execution.-Production of docu ments at Court's request ; refusal to produce ; Article 49 of Statute of Court and Article 54 of Rules.-Minesweeping undertaken in terri torial waters contrary to wish of territorial State ; justification der{ved from theory of intervention and notion of self-help.-Violation of terri torial sovereignty ; international responsibility ; satisfaction in form of a declaration by the Court of violation of right. -
Free Speech and Flag Burning
FIRST AMENDMENT: FREE SPEECH AND FLAG BURNING This activity is based on the landmark Supreme Court case Texas v. Johnson, 491 U.S. 397 (1989), which deals with First Amendment protection of flag burning as symbolic speech. About These Resources Analyze the facts and case summary for Texas v. Johnson. Build arguments for both sides, starting with these talking points. Use critical thinking skills and share reflections on the discussion questions. How to Use These Resources This activity is a modified Oxford style debate. 1. To get started, have participants read the Texas v. Johnson facts and case summary. 2. Assign student attorneys to the issues listed in the talking points. They are suggested points– not a script– for the debate. Student attorneys are encouraged to add their own arguments. 3. All other students are jurors who deliberate (and may refer to these talking points) during the open floor debate. They debate among themselves in the large group or smaller groups and come to a verdict after the attorneys present closing arguments. Background: Texas v. Johnson United States v. Eichman, 496 U.S. 310 (1990) The Johnson decision only affected a Texas state law. In the wake of the decision, the federal government enacted a law that also prohibited flag burning. In order to try to get around constitutional challenges, the law prohibited all types of flag desecration, with the exception of burning and burying a worn-out flag, regardless of whether the action upset others. The Supreme Court held that this did not cure the constitutional defect and the same 7-3 majority from Johnson held that the law still impermissibly discriminated upon viewpoint and struck it down. -
The International Court of Justice and the 'Principle Of
CHAPTER 25 THE INTERNATIONAL COURT OF JUSTICE AND THE ‘PRINCIPLE OF NON-USE OF FORCE’ CLAUS KREß I. Introduction The international law on the use of force underwent signifcant developments in the inter-war period, most signifcantly through the renunciation of war as an instrument of national policy, as enshrined in Article I of the 1928 Kellogg–Briand Pact.1 Yet, the law preceding the United Nations Charter2 remained fraught with uncertainties due, perhaps most importantly, to the notoriously ambiguous concept of war and the possible scope for certain lawful forcible measures short of war.3 Te 1 General Treaty for Renunciation of War as an Instrument of National Policy of 27 Aug 1928, LNTS XCIV (1929), 58. 2 Charter of the United Nations and Statute of the International Court of Justice, 26 June 1945. 3 For one important exposition of the complexities of the pre-Charter law on the use of force, see Ian Brownlie, International Law and the Use of Force by States (Oxford: Oxford University Press, 1963), 19–111, 214–50; Sir Humphrey Waldock, ‘Te Regulation of the Use of Force by Individual States in International Law’ (1952-II) 81 Receuil des cours de l’Académie de droit international 455. Weller180414OUK.indb 561 12/18/2014 7:26:34 PM 562 CLAUS KREß Permanent Court of International Justice (PCIJ) had not developed a case law on those matters4 and only limited light was shed on them by the International Military Tribunals immediately afer the Second World War.5 Since 1945, the International Court of Justice (ICJ) has been called upon to interpret the UN Charter provisions on the use of force in international relations against this international law back- ground full of obscurities. -
Corfuchannel.Pdf
COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRÊTS, AVIS CONSULTATIFS ET ORDONNANCES AFFAIRE DU DETROIT DE CORFOU (FOND) ARRET DU 9 AVRIL 1949 INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS THE CORFU CHANNEL CASE (MERITS) jttbGlMENT OF APRIL 9th, 1949 LEYDE LEY DEN SOCIÉTÉ D'ÉDITIONS A. W. SIJTHOFF'S A. W. SIJTHOFF Il PUBLISHING COMPANY Le présent arrêt doit être cité comme suit : « A$aire du Dklroit & CorJou, Arrêt dzl g avril 1949 : C. I. J. Rec~cez~ZIH~, p. 4. )) This Judgment should be cited as foiiows : "Corfic ChanneZ case, Judgment of April gth, 1949 : I.C.J. Reports 1949, P. 4." COUR INTERNATIONALE DE JUSTICE 1949. ANNEE 1949 Le g avril. Rôle général no 1. 9 avril 1949. AFFAIRE DU DÉTROIT DE CORFOU (FOND) Responsabilité internationale du chef d'explosions de tnines dans les eaux terriforiales. - Connivence avec un autre État ;preuves. - Mouil- lage par auteurs inconnus. - Connaissance du mouillage chez l'État mis en cause :notion du contr6le comme fondement de la responsabilité ; son influence sur le choix des rnqyens de preuve; moyens de preuve indirecte, présomptions de fait concordantes. - Manquement aux obli- gations résultant de la connaissance du mouillage, fondement de la respon- sabilité. - Compétence de la Cour aux fins de fixer le montant des réparations ; interprétation du compromis ; attitude ultérieure des Parties. Droit de passage en temps de paix des navires de guerre par les détroits reliant deux zones de haute mer. - Coutume internationale. - Détroits à l'égard desquels existe un droit de passage. - Détroit Nord de Corfou. - Passage innocent ;but du passage ;tnodalités dexécution. -
Texas V. Johnson / Background Reading ••
LandmarkCases.org Texas v. Johnson / Background Reading •• Texas v. Johnson / Background ••—Answer Key Gregory Lee Johnson participated in a political demonstration during the Republican National Convention in Dallas, Texas, in 1984. The demonstrators were protesting the policies of the Reagan Administration and of certain corporations based in Dallas. They marched through the streets, shouted slogans, and held protests outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted “America, the red, white, and blue, we spit on you.” No one was hurt, but some witnesses to the flag burning said they were extremely offended. One witness picked up the flag’s burned remains and buried them in his backyard. Johnson was charged with violating the Texas law that prohibits vandalizing respected objects. He was convicted, sentenced to one year in prison, and fined $2,000. He appealed his conviction to the Court of Appeals for the Fifth District of Texas, but he lost this appeal. He then took his case to the Texas Court of Criminal Appeals, which is the highest court in Texas that hears criminal cases. That court overturned his conviction, saying that the state could not punish Johnson for burning the flag because the First Amendment protects such activity as symbolic speech. The state had said that its interests were more important than Johnson’s symbolic speech rights because it wanted to preserve the flag as a symbol of national unity and because it wanted to maintain order. -
A Social Justice Theory of Self-Defense at the World Court James Kraska U.S
Loyola University Chicago International Law Review Volume 9 Article 3 Issue 1 Fall/Winter 2011 2011 A Social Justice Theory of Self-Defense at the World Court James Kraska U.S. Navy Judge Advocate General Corps. Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation James Kraska A Social Justice Theory of Self-Defense at the World Court, 9 Loy. U. Chi. Int'l L. Rev. 25 (2011). Available at: http://lawecommons.luc.edu/lucilr/vol9/iss1/3 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. A SOCIAL JUSTICE THEORY OF SELF-DEFENSE AT THE WORLD COURT James Kraskat I. Introduction. ......................................... 25 II. Background. ......................................... 26 III. Social Justice and the Use of Force Jurisprudence.............. 31 A. Protecting the Global Commons: The Corfu Channel Case .. 33 B. Defining Aggression Up in the Post-Colonial Era ........... 36 C. Paramilitary Activities: The Nicaragua Case ............... 37 D. Irregular Maritime Warfare: The Oil Platforms Case ........ 40 IV. Conclusion: Realizing a Social Justice Theory ................. 42 I. Introduction This article offers a theory of social justice that helps to explain use of force or jus ad bellum jurisprudence at the World Court.' More precisely, the theory pro- vides a prism for understanding the interpretation of Article 2(4) and Article 51 of the U.N. Charter in cases before the International Court of Justice (ICJ). -
The Flag Burning Controversy: a Chronology, 70 N.C
NORTH CAROLINA LAW REVIEW Volume 70 | Number 2 Article 5 1-1-1992 Reflection on the Bicentennial of the Bill of Rights-- The lF ag Burning Controversy: A Chronology Daniel H. Pollitt Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Daniel H. Pollitt, Reflection on the Bicentennial of the Bill of Rights--The Flag Burning Controversy: A Chronology, 70 N.C. L. Rev. 553 (1992). Available at: http://scholarship.law.unc.edu/nclr/vol70/iss2/5 This Comments is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. REFLECTION ON THE BICENTENNIAL OF THE BILL OF RIGHTS THE FLAG BURNING CONTROVERSY: A CHRONOLOGY DANIEL H. PoLLITT* December 15, 1991 marked the bicentennial of America's great testament to individualfreedom, the Bill of Rights. In cel- ebration of this epoch in the history of democracy, Professor Daniel H. Pollitt reflects on two events that illuminate the coun- try's commitment to freedom of expression: the debates that led to the ratificationof the Constitution and the adoption of the Bill of Rights and the controversy over flag burning that culminated in Congress's decision not to amend the Constitution two centu- ries later. The proverbial "dog days of August" came a little bit early in 1989.1 On June 21, 1989, the Supreme Court agreed with the Texas Court of Appeals that flag burning was "symbolic speech" protected by the First Amendment.2 The decision unleashed a patriotic fervor unmatched since the summer of 1988 when presidential candidate George Bush "outflagged" Massachusetts Governor Michael Dukakis by leading dele- gates at the Republican National Convention in the Pledge of Allegiance.3 TEXAS V.