Texas v. Johnson
ARGUED:
March 21,
1989
DECIDED:
June 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
Kunstler’s
Arguments
• There were two
state interests
that Johnson
violated:
1) Preservation of the
American flag as a
symbol of the nation.
2) Preservation of a
breach of the peace.
Drew’s
Arguments
• 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