Texas v. Johnson

Background Facts Johnson took place in a Republican national convention in Dallas, Texas. The purpose of the demonstration was to protest policies of the Reagan administration. He burned a flag at the Dallas City Hall and shouted “America the red white and blue we spit on you”. He was fined $2000 and sentenced to a year in prison.

Constitutional Question/Issue Can the government make a symbol of unity and set aside approved messages to be associated with that symbol? Does the 1st amendment protect the right to symbolic speech?

Court’s Side The Supreme court voted 5-4 in favor of Johnson. Justice Brenan ruled that burning the flag is symbolic speech and therefore protected by the 1st amendment. The court saw that it still cannot prohibit certain conduct just because they disapprove the ideas expressed. “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable”