TEXAS V. JOHNSON
WHAT HAPPENED
• 1984
• Gregory Lee Johnson was a member of the Revolutionary
Communist Youth Brigade
• At a rally he burned the American flag as a sign of protest
to then President Ronald Regan and his policies towards
communists
• This burning violated a statute in Texas that prevents
anyone from vandalizing respected objects
• Johnson was arrested and convicted
THE COURTS
•
The original sentencing for Johnson was a one year prison term
and a fine of $2,000
•
Johnson felt that his conviction was violating the first
amendment and that he felt it was “symbolic speech”.
•
Johnson appealed his conviction to the Fifth Court of Appeals of
Texas but was rejected it eventually was appealed to the Texas
Court of Criminal Appeals
Court overturned the conviction, their reasoning was that the
state couldn’t go against the first amendment since Johnson was
protected by his right as it was “symbolic speech”.
•
•
It then went to supreme court at the request of the state of
Texas.
PLAINTIFF
TEXAS
DEFENDANT
Johnson
ONTO THE SUPREME COURT
• March 21,1989- June 21,1989
• Chief Justice William Rehnquist
• The state of Texas argued that since Johnson
didn’t say anything it was therefore not
protected by the first amendment
• Johnson still stuck with his original argument
that he was protected by first amendment
rights
WHAT IS “SPEECH”?
When the justices had to come to a decision there was a lot
of differed views on what
Is “speech” is it when someone’s talking? Is there such a
thing as “symbolic speech”.
RULING
• The ruling was that Johnson won the case since he was
protected by the first amendment rights of speech and
his claim that it was “symbolic”.
AFTERMATH AND LEGACY
•
•
•
•
That same year in 1989, congress create the Flag Protection
Act that made it a crime to burn the flag.
The law went into affect on October 28th at midnight just a
few minutes after the law went into affect Johnson and two
others Gregory Johnson joined Shawn Eichman, David
Blalock, and Scott Tyler on the steps of the United States
capital building and set fire to three flags they were all
arrested but Johnson was let go.
This second flag burning and Johnson’s case would play a big
role in United States v. Eichman in which the act passed by
congress ceased to exist by 1990.
Congress in the past years has tried to pass a Flag
Desecration Amendment but every time it has fail to get pass
the Senate.