Texas v Johnson Decided 1989

Plaintiffs Side In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the reversal of the conviction by the Texas Court of Criminal Appeals, the State asserted two interests to justify his conviction: preserving the flag as a symbol of national unity and preventing breaches of the peace.

Defendants Side During a Republican National Convention in Dallas in 1984, approximately 100 demonstrators took part in a political protest against the policies of the Reagan administration. In this event, Gregory Lee Johnson alone was charged with the crime of desecration of an American Flag by dousing it with kerosene and setting it on fire. After convicted and sentenced , The Texas Court of Criminal Appeals reversed the conviction by recognizing that Johnson's conduct was symbolic speech protected by the First Amendment The case was then sent to the Supreme Court.

Decision In a 5 to 4 decision, the Court held that Johnson's burning of an American flag was protected expression under the First Amendment. The Court found that an audience taking offense to certain ideas or expression does not justify prohibitions of speech.

Repercussions Since 1990, Congress has made at least seven attempts to overrule the Supreme Court by passing a Constitutional Amendment making flag burning an exception to First Amendment protection. The battle between protecting the flag as a national symbol and protecting freedom of expression granted in the Bill of Rights is ongoing.