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  1. Contrary to the position taken by counsel for the flag burners in Texas v. Johnson, 491 U. S. 397 (1989), it is now conceded that the Federal Government has a legitimate interest in protecting the symbolic value of the American flag. Obviously that value cannot be measured, or even described, with any precision.

  2. Eichman, 496 U.S. 310 (1990) The Johnson decision only affected a Texas state law. In the wake of the decision, the federal government enacted a law that also prohibited flag burning.

  3. Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech .

  4. Jun 4, 2021 · Congress responded to Texas v. Johnson by enacting the Flag Protection Act of 1989. However, relying upon the same reasoning used in Texas v. Johnson, the Supreme Court struck it down in United States v. Eichman (1990).

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  5. Dec 1, 2023 · The case of Texas v. Johnson has played a significant role in the definition of “symbolic speech” as it is written under the First Amendment. During his case, it was decided that symbolic speech cannot be suppressed because it conveys an offensive message or doesn't align with the general public.

  6. Summary. In Texas v. Johnson, a divided Supreme Court held that burning the flag was protected expression under the First Amendment. The case was decided twenty years after the birth of the “counterculture” movement, fifteen years after the end of the Vietnam War, and in the midst of the Cold War, although that was soon coming to an end.

  7. tage. Not only was the Eichman opinion foreseeable, but so was the fail-ure of Congress to reverse Eichman by democratic means. II. THE TEXAS v. JOHNSON MAJORITY OPINION During the 1984 Republican National Convention in Dallas, Texas, Gregory Lee Johnson participated in a political demonstration, the "Re-publican War Chest Tour."

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