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Texas v. Johnson, 491 US 397 (1989)Justice Thurgood Marshall voted with the majority that Johnson's right to burn the flag during a peaceful protest was protected under the First Amendment as expressive speech, overturning the Texas Venerable Objects Law under which Johnson had been convicted. Marshall did not have a published opinion or make a public statement about the case, however. He signed the opinion of the Court, authored by Justice William J. Brennan, Jr.For JohnsonJustice William J. Brennan, Jr. (opinion of the Court)Justice Thurgood MarshallJustice Harry BlackmunJustice Antonin ScaliaJustice Anthony Kennedy (wrote a concurring opinion)For TexasChief Justice William J. Rehnquist (wrote a dissent)Justice Byron WhiteJustice Sandra Day O'ConnorJustice John Paul Stevens (wrote a dissent)
majority opinion
To dissent; if the justices disagree with the majority opinion, they write a dissenting opinion.
The majority opinion uses lower courts' decisions on the same case as evidence
Justice Harlan concluded his dissent in Plessy v. Ferguson, (1896), with the following line:"For the reason stated, I am constrained to withhold my assent from the opinion and judgment of the majority."He meant that he could not agree with majority opinionor vote on the case (his was the lone dissent) for the reasons stated in his dissenting opinion.
The dissent uses the majority opinion as evidence.
The dissent uses the majority opinion as evidence.
majority opinion
the majority opinion. -apex
Dissent
Lawrence v. Texas, 539 US 558 (2003)Justice Anthony Kennedy wrote the opinion of the Court, and was joined by Justices Stevens, Souter, Ginsberg, and Breyer. Justice O'Connor voted with the majority, but wrote a separate concurring opinion rather than signing Kennedy's.Chief Justice Rehnquist, and Justices Scalia and Thomas dissented.
Dissent is a difference of opinion, while disloyalty is the act of being subversive . You can be loyal & still dissent.