Q: What was Rehnquist’s dissent on the case of Johnson?
Rehnquist’s dissent:
Rehnquist wrote the principal dissent (joined by White and
O’Connor). The dissenters thought that a state could prohibit the
burning of a flag without violating the First Amendment prohibition
on suppression of ideas. “The flag is not simply another ‘idea’ or
‘point of view’ competing for recognition in the market place of
ideas.” Also, the dissenters thought that flag burning is so inherently inflammatory that it inevitably threatens a breach of the peace, and thus could be analogized to “fighting words” and deprived of First Amendment protection entirely.
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