June 21st: Texas v. Johnson and the First Amendment

June 21, 2023

In the annals of American legal history, Texas v. Johnson, 491 U.S. 397 (1989), holds a significant position as it elucidated the boundaries of symbolic speech under the First Amendment. This landmark decision by the U.S. Supreme Court emphasized the protection of free expression, even when such expression takes a controversial form like flag desecration.

The case stemmed from an incident in 1984 when Gregory Lee Johnson, a political activist, burned an American flag outside the Republican National Convention in Dallas, Texas, as a protest against Reagan administration policies. He was subsequently arrested and charged with violating a Texas statute that prohibited the desecration of the American flag. Johnson was convicted and sentenced to one year in prison and fined $2,000.

Johnson appealed his conviction, and the case eventually made its way to the U.S. Supreme Court. The central question was whether flag burning constituted expressive conduct, which would render it permissible under the First Amendment’s guarantee of freedom of speech.

On June 21, 1989, the Supreme Court, in a 5-4 decision, ruled in favor of Johnson. The majority opinion, authored by Justice William J. Brennan, held that flag burning was symbolic speech, protected by the First Amendment. The Court maintained that the government could not suppress expressions of ideas simply because society found them disagreeable. The ruling conveyed that freedom of speech is a cornerstone of American democracy, and this protection extends to unconventional and provocative modes of expression.

The Texas v. Johnson decision was met with vehement reactions and prompted calls for a constitutional amendment to protect the flag. However, the ruling remains a seminal testament to the extent of First Amendment protections and the value placed on free expression in the United States.





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