In thinking about this task, you might also want to consider the following questions: What is ?symbolic speech?? What is the problem here? How does the Court try to address the problem of symbolic speech in O?Brien? Does that resolution, in the form of ?the O?Brien test,? make sense? Are you convinced that the ?government?s interest? in this case is unrelated to the suppression of expression? How does the O?Brien case matter in Texas v. Johnson? How are these two cases similar and different? Consider how the lawyers for each side in Texas v. Johnson would try to respond to the ?precedent? set by the Court in O?Brien. How does the Court view Texas?s ban on flag burning in light of its ruling in O?Brien? Of course, you cannot respond to each of these additional questions separately and specifically. What I am looking for, first, is a detailed, critical review of each case focused on the Court?s reasoning and a careful comparison of the basic, relevant facts and arguments in the two cases, and, second, an overall, sustained argument in response to the questions under ?Assignment? above. Thank you!!
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