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Texas v. Johnson(1989)Flag Burning, Freedom of Speech

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1 Texas v. Johnson(1989)Flag Burning, Freedom of Speech
By: Tai McCann and Mark Givolnali

2 Constitutional issue involved in this case
The constitutional issue was whether or not burning the flag had been against or protecting the first amendment with “symbolic speech”.

3 Parties involved in the case
Gregory Lee Johnson; Plaintiff- Texas vs Johnson The State of Texas; Defendant- Texas vs Johnson

4 When and where did the case take place
The case took place in Dallas City Hall, Texas 1989.

5 Events leading up to the case before going to Supreme Court
Gregory Johnson participated in a political demonstration that led him to burning the American Flag with kerosene. He went to the Court of Appeals for the Fifth District of Texas and was convicted to do one year of prison and $2,000, his appealed was lost.

6 What courts heard this before going to the Supreme Court
Court of Appeals for the Fifth District of Texas, and Texas Court of Criminal Appeals.

7 What was happening in the world making this case tried
The people in Texas was outraged by what Johnson did offended many since Texas is a bit stricter on burning flags they only allow it in sacred areas, but the First Amendment protects every citizen to allow them to burn it as long as they don’t use it to incite other citizens.

8 Supreme Court’s ruling
The Texas court tried and convicted Johnson. Johnson had appealed by arguing that his actions were “symbolic speech” that is protected by the First Amendment. The court had ruled 5-4 saying that it was a part of “symbolic speech” protected by our First Amendment.

9 Why did the supreme court rule this way
The majority noted that “freedom of speech protects actions that may be found offensive by society, but society’s outrage alone is not justification to just suppress free speech”. The majority had also said that “the government could not discriminate in this matter based upon viewpoint”.

10 Opposing Viewpoints “Robyn Coffey asserts in the following viewpoint that using the flag as a symbol of dissent contributes to social progress and prohibiting these artistic and political expressions infringes on free speech. Coffey maintains that while the flag may symbolize freedom and American principles, demonstrators and artists who burn, destroy, or treat it in other controversial ways do so to express their complex relationships with the United States and to protest the injustices the country has perpetuated.”

11 How I feel about the ruling & why
I feel like Johnson did the right thing he burned the flag to show the Reagan Administration that him and other citizens do not approve of what they are doing. In his opinion he’s allowed, he's showing how he feels and nobody in that march was hurt. Only time the First Amendment goes away, is if he is putting other buildings on fire with the flag or other business. They had a clean protest.

12 Supreme Court vote in dissent
Justice William Brennan.

13 Justice that wrote the opinion for the dissent
Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution.

14 Describe dissenting opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.

15 Were there any concurrent opinions and by whom
No, there wasn’t any

16 How are the concurrent opinions different
They are different since some are from the state while other ones will be from the Supreme Court.

17 Supreme Court’s ruling / decision
The supreme court ruled that johnson had the right to burn the American Flag since its ruled into the First Amendment. They decided by dropping the charges and let him be a free man.

18 Significance of other court cases and the impact/ why is it a “landmark” case
Tinker v. Des Moines. This landmark case is significant since students at a high school wore black armbands and protested against American Involvement in the Vietnam War. The school suspended them for saying no to removing the armbands the First Amendment says you can protest peacefully without destroying any buildings so no harm was done from these students protesting.

19 Works Cited https://cases.laws.com/texas-v-johnson
summary-texas-v-johnson supreme-court-cases-elessons/texas-v-johnson-1989/


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