Texas v. Johnson DECIDED: June 21, 1989 ARGUED: March 21, 1989

Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?

Case Background Gregory Johnson was charged for violating a Texas law by desecrating an American flag at the 1984 Republican Convention in Dallas Texas He was sentenced to one year in prison and had to pay a $2,000 fine The Texas Court of Criminal Appeals overturned Johnson’s conviction and said that the State did not have to right to punish him because it violated the First Amendment Texas said that Johnson’s speech and actions were no where near as important as the states interests The state wanted to preserve the flag as a symbol of the U.S. and stated that flag burning was a breach of peace

Drew’s Arguments Kunstler’s Arguments There were two state interests that Johnson violated: Preservation of the American flag as a symbol of the nation. Preservation of a breach of the peace. Johnson did not commit a crime and he was protected under the First Amendment in his actions

Supreme Court Ruling They first answered if the First Amendment dealt solely verbal speech Tinker v. Des Moines Independent Community School District They also asked whether Johnson’s actions were intentional to convey a message and whether it would be understood by everybody The court concluded that the flag burning was not a breach of the peace The case came down to a 5-4 decision, with the majority in Johnson’s favor Even though people might be offended by the burning of a flag, the First Amendment protects Johnson in his actions

The Future of Flag Desecration Many proposals were made after this case but all were shot down in the Senate Congress passed the statute Flag Protection Act in 1989 that stated flag desecration was a federal crime Same fate as Texas v. Johnson Failed by 1 vote in the Senate on June 27th, 2006

"America, the red, white, and blue, we spit on you, you stand for plunder, you will go under." Johnson