Texas v. Johnson (1989) 491 U.S. 397 Morgan Fraley Pd. 7/8

Constitutional Issue Freedom of Speech

Parties Involved Gregory Lee Johnson burned a flag in Texas which under Texas state law was illegal. He believed his first amendment right was violated.

When and Where? 1984 at the Republican National Convention in Dallas, Texas

Events Leading Up/ Historical Context Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case.

Ruling Ruled 5-4 in favor of Johnson

Reasoning Symbolic speech – no matter how offensive to some – is protected under the First Amendment.

Opposing Viewpoints Flag burning is a symbol of national unity and should not be burned as a sign of respect

Personal Feelings I believe that it is extremely disrespectful to tamper with or burn an american flag. Although it technically is personal property, they should still have the utmost respect for their country.

Dissenting Opinion Flag burning constitutes a form of “symbolic speech” that is protected by the first amendment

Significance It attempted to resolve the question of whether the desecration of an american flag was a form of speech that was protected under the First Amendment right to free speech.