Texas v. Johnson By Kane Deyell

What began this case? In 1984, Gregory Lee Johnson joined a political demonstration in Dallas, Texas. The point of the demonstration was to protest the Reagan Administration. At Dallas City Hall, Johnson doused an American flag in kerosene, then burned it. He was sentenced to 1 year in prison, as well a fine of $2,000. Johnson lost the case when he brought it upon the Court of Appeals. He later then brought it to the Texas Court of Criminal Appeals. They stated that because of the First Amendment, his right to burn the flag was protected. In 1989. Also in 1989, The Supreme Court, in a 5 - 4 ruling, ruled Johnson as not guilty as well as being protected by the First Amendment.

Who was involved in the case? Gregory Lee Johnson The Court of Appeals for the Fifth District of Texas The Texas Court of Criminal Appeals The Supreme Court

What Were the Opposing Viewpoints and Rulings? Johnson - Johnson burned the flag in protest due to the Reagan Administration. He opposed the nuclear weapons being designed by the Administration. Johnson was ruled as not guilty. The Court of Appeals - They found that Johnson’s act of burning the flag was treasonful and a violation to the Texas Penal Code. Court of Criminal Appeals - This court agreed with Johnson and didn’t see that it was treasonful. Due to the First Amendment, Johnson’s act was legal and protected. The Supreme Court - In 1989, the Supreme Court ruled that Johnson’s actions were protected by the First Amendment making him not guilty.

What was the Supreme Court’s ruling? The Supreme Court, in a 5 - 4 ruling, ruled Johnson as not guilty, as well as being protected by the First Amendment. They ruled this because the action of burning the flag was considered as symbolic speech. The First Amendment protected Johnson’s freedom of speech. The four Supreme Court justices that opposed this viewpoint, had the dissenting opinion of being very unlawful to destroy property related to your country. It is considered treason the way he started to burn the flag while chanting hate slogans.

Historical Events Relating The Reagan Administration was at power from 1981 - 1989. The administration wanted to put less restriction on nuclear arms in the U.S. which is what sparked the protests in which Johnson participated in.

My Own Dissenting Opinion I feel as though Johnson should have been found as breaking the First Amendment and for it to not be okay to burn the flag. The only way it is alright to burn the flag is when it is done properly or for a burial. I feel as though Johnson should have been found as guilty and for the First Amendment to not count towards burning the flag. I feel as though it should be counted toward treason to your homeland.