YOUR NAME DATE OF PRESENTATION COURSE NAME Texas vs. Johnson Flag Burning/Freedom of Speech

Case Background When: 1984 during the Reagan AdministrationReagan Where: Outside Republican Nation Convention in Dallas, TexasRepublican Nation Convention

Case Background (continued) Who: Gregory Lee Johnson What:  Lit American flag on fire.  Charged with violating Texas law prohibiting “vandalizing respected objects”

Case Background (continued) Why:  Expressing unhappiness with the Republican administration.

1. Criminal County Court #8: Dallas, TX Gregory Lee Johnson was found guilty of “desecration of the flag.” The court ruled he should pay $2000 and serve 1 year in jail. 2. Court of Appeals, 5 th District, TX The Court of Appeals agreed with the decision made in the lower court. 3. Texas Court of Criminal Appeals (Highest Criminal Court in Texas) The Court ruled against the two previous decisions. They stated that Johnson’s 1 st Amendment rights had been violated when he was arrested. 4. Supreme Court of the United States The Court ruled that the Texas law banning flag burning was unconstitutional and violated Johnson’s 1 st Amendment right of political expression. How Texas v. Johnson reached the Supreme Court

Constitutional Amendment Relates to First Amendment  Prohibits violating freedom of speech.

Decision The Supreme Court ruled 5 to 4 in favor of Johnson Majority decision:  Freedom of Speech is not limited to spoken or written word  Government cannot prohibit words or actions only because they are “offensive or disagreeable” Dissenting opinion:  The flag is a symbol of the United States  The U.S. military fights to protect the values symbolized by our flag

What is the significance of this case? Freedom of speech extends beyond actual speech Speech and actions cannot be limited even if people find it offensive. Fred Phelps Westboro Baptist Church Funeral Protests Police Brutality Protests

Exceptions to the Rule You cannot endanger people with speech  Yelling fire in a crowded movie theater  Make threatening remarks Schools may limit students’ freedom of speech  Swearing  Confederate flag  Provocative clothing

Ronald Reagan 40 th President of the United States January 20, 1981 – January 20, 1989 Back