Thank you for your letter regarding the impact of Brown v. Board of Education. The unanimous decision declaring segregation unconstitutional was a landmark victory for civil rights and equality. While discrimination still exists, this ruling helped establish that all people deserve equal treatment and opportunities under the law regardless of race. Progress continues to be made towards the vision of a just society where individuals are judged based on their character rather than the color of their skin. The ACLU remains committed to defending civil liberties and promoting racial justice.

1. Landmark Supreme Court
Cases Project
Student Project
Government

2. U.S. v. Nixon (1974)
Case name: U.S. v. Nixon (1974).
Holding: The President is not above the law.
Background: The special prosecutor in the Watergate affair subpoenaed audio tapes of
Oval Office conversations. President Nixon refused to turn over the tapes, asserting
executive privilege. The Supreme Court ruled that the defendants' right to
potentially exculpatory evidence outweighed the President's right to executive
privilege if national security was not compromised.

3. U.S. v. Nixon (1974)
Background (cont): President Nixon was attempting to cover up illegal actions made
by himself and his administration. It was revealed that Nixon had installed a taping
system that automatically records all of his conversations. A prosecutor stated to
probe the Watergate scandal subpoenaed the tapes. However, the President refused
to comply with the subpoena, claiming executive privilege gave him immunity
from releasing sensitive information. The President's resistance implicated him as
being involved in the cover-up of the Watergate break-in, making him part of a
criminal conspiracy to obstruct justice.
Both parties appealed directly to the Supreme Court.
There were no dissenting opinions because the case ruled against Nixon 8-0. The
concurring opinion was a collective agreement between all justices that the tapes
held criminal conduct between the President and his men as well as that Nixon's
claim to absolute executive privilege was wrong. Executive privilege is a right to
the president; however, it is not absolute and can be checked by the Congress or
Supreme Court.

4. U.S. v. Nixon (1974)
Under threat of impeachment and probable
prosecution in the Senate, which would remove
him from office, Nixon chose to resign on August
9, 1974; making Nixon the first president in
history to resign from office.
The resignation was the final act of the Watergate
scandal that was fundamentally about abuse of
power. Nixon was caught using the power of the
presidency to obstruct justice.
This decision has served us some good from future
damages and prevented further abuse of Nixon's
term. This case further established the power of
the Supreme Court to act as a check on the
Executive branch of government. The Court made
it clear that the President could not withhold
evidence from an ongoing criminal prosecution of
another person simply because he was the
President.

5. Texas v. Johnson (1989)
Case name: Texas v. Johnson (1989)
Holding: Even offensive speech such as flag burning is protected by the First
Amendment
Background: To protest the policies of the Reagan administration, Gregory Lee
Johnson burned an American flag outside of the Dallas City Hall. He was arrested
for this act, but argued that it was symbolic speech. The Supreme Court agreed,
ruling that symbolic speech is constitutionally protected even when it is offensive.

6. Texas v. Johnson (1989)
Background (cont): Gregory Lee Johnson
participated in a political demonstration during
the Republican National Convention in Dallas,
Texas, in 1984. When demonstrators reached
Dallas City Hall, Johnson drenched the
American flag with kerosene and set it on fire.
Johnson was charged with the desecration of a
venerated object, in violation of the Texas Penal
Code. He was convicted, sentenced to one year
in prison, and fined $2,000. The Texas Court of
Criminal Appeals then overturned his conviction
saying that the State, consistent with the First
Amendment, could not punish Johnson for
burning the flag in these circumstances.

7. Texas v. Johnson (1989)
In a 5-4 vote, the U.S. Supreme Court affirmed the Court of Criminal Appeals' verdict.
Justice William Brennan delivered the majority opinion.
" The Government may not prohibit the verbal or nonverbal expression of an idea merely because society finds
the idea offensive or disagreeable, even where our flag is involved. Nor may a State foster its own view of the
flag by prohibiting expressive conduct relating to it, since the Government may not permit designated
symbols to be used to communicate a limited set of messages. Moreover, this Court will not create an
exception to these principles protected by the First Amendment for the American flag alone." and "If there is
a bedrock principle underlying the First Amendment, it is that the government may not prohibit the
expression of an idea simply because society finds the idea itself offensive or disagreeable . . . the
constitutionally guaranteed 'freedom to be intellectually . . . diverse or even contrary,' and the 'right to differ
as to things that touch the heart of the existing order,' encompass the freedom to express publicly one's
opinions about our flag, including those opinions which are defiant or contemptuous."" -Justice William
Brennan
Johnson appealed his case to the Texas Court of Criminal Appeals, which agreed with
him. The court said that the First Amendment protection of free speech included
"symbolic speech," which is an action that expresses an idea. It said that flag burning
was a form of symbolic speech so Johnson could not be punished.

8. Texas v. Johnson (1989)
Texas v. Johnson carried two dissenting opinions, one authored by Chief Justice
Rehnquist (and joined by Justices White and O'Connor), and one authored by
Justice Stevens.
- Rehnquist stated that burning the flag was not essential to the exposition of ideas and
had tendencies to incite lawlessness.
- Rehnquist suggested burning other symbols of government, including its leaders in
effigy, would have been a more appropriate expression of disapproval. Burning the
flag was less a form of "expressive speech" than a "grunt and a roar."
- Justice Stevens' dissent was largely an appeal to logic, acknowledging the flag as a
symbol of "nationhood and national unity," but declaring it also had an intangible
value as a symbol that sent a message about the United States not only to those who
cared about the country's national unity, but also to dissidents, both at home and
abroad.
- Justice Steven believed the government's interest in preserving the the flag's symbolic
value for the future was both significant and legitimate.

9. Texas v. Johnson (1989)
Flag burning is a right our forefathers laid
down in the constitution, but that
doesn't mean you won't receive
nuisance for practicing it. Many see
flag burning as a betrayal to the
country and find it offensive. Whether
you oppose flag burning or not, you
are protected to do so if you choose. It
all comes down to a matter of belief.
While Americans may argue over flag
burning for centuries to come, citizens
of the United States are still able to
practice freedom of speech, regardless
of opposing opinions. It is best
however to avoid flag burning in a
thought this was quite funny :-)
country of its own. You will receive a
bunch of individuals who'll oppose
your actions and they'll protest against
you with some form of "symbolic
speech" because that sir is acceptable

10. Brown v. Board of Education (1954)
Case name: Brown v. Board of
Education (1954)
Holding: Separate schools are not
equal.
Background: In Plessy v. Ferguson
(1896), the Supreme Court
sanctioned segregation by
upholding the doctrine of "separate
but equal." The National
Association for the Advancement
of Colored People disagreed with
this ruling, challenging the
constitutionality of segregation in
the Topeka, Kansas, school system.
In 1954, the Court reversed its
Plessy decision, declaring that
"separate schools are inherently
unequal." This case is a
consolidation of several different

11. Brown v. Board of Education (1954)
Background (cont): In the early 1950s, many students went to different schools
because of their race. White children went to one school and black children went to
a different school. This system was called segregation. Many other public facilities
were also segregated.
A black student named Linda Brown had to walk through a dangerous railroad to get to
her all-black school. Her family believed that segregated schools should be illegal.
The Brown family sued the school system (Board of Education of Topeka). The
district court said that segregation hurt black children. However, the district court
also said the schools were equal. Therefore, the segregation was legal. The Browns
disagreed with the decision. They believed that the segregated school system did
violate the Constitution. They thought that the system violated the Fourteenth
Amendment guaranteeing that people will be treated equally under the law.

12. Brown v. Board of Education (1954)
The 1954 U.S. Supreme Court verdict in Brown v. Board of Education of Topeka was
unanimous in declaring de jure segregation a violation of the 14th Amendment's
Equal Protection Clause. There was no dissenting opinion.
No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.
—Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution

13. Brown v. Board of Education (1954)
This court decision has affected the United
States in a rather positive manner. The
decision united everyone of different
ethnicities as a whole and as equals.
Brown v. Board of Education and the
other cases similar to this has helped
impact many African-American lives
and that of other races. The long-term
effects vary depending on the situation.
It will mainly impact the U.S. in some
sort of positive manner however, others
might hold a grudge against whites or
vise versa and do cruel things towards
the opposite race. Some may even take
advantage of such freedom; it all varies
depending on the situation. However,
for everyone's sake, it has made a great
impact on the U.S.

14. Letter to A.C.L.U.
Dear Representatives of American Civil Liberties Union,
As the court's decision to unanimously end segregation through the influences of Brown
v. Board of Education's case and that of similar cases, it has shown a phenomenal
impact upon our society. The Fourteenth Amendment clarified that no state shall
make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any state deprive any person of life, liberty, or
property without due process of law; nor deny any person within its jurisdiction the
equal protection of law. The court has taken responsibility and done the
constitutional/rightful deed. Although many "colored" individuals before the Brown
v. Board of Education's case was less fortunate, it is entirely appreciated that no
longer shall that of a "colored" person be segregated because of their features. It was
not too long ago that the blacks were going through such hatred because of their
color but our nations leader is that of a black male! The things the Brown v. Board of
Education's case has impacted, just outstanding results! It is highly appreciated and I
hope our everyday lifestyle consists of equality in all means!
Sincerely,