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Learn about the 1989 Supreme Court case that ruled that burning an American flag was a form of expression protected by the First Amendment. Read the facts, arguments, opinions, and conclusion of the 5-4 decision.
Texas v. Johnson. 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 .
A summary of the facts and ruling of the 1989 Supreme Court case that held flag burning is protected by the First Amendment. The case involved Gregory Lee Johnson, who burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. He was convicted and appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Court agreed with him and held that flag burning is a form of "symbolic speech" that is protected by the First Amendment.
A Supreme Court case that held that burning the flag was protected expression under the First Amendment. The case was decided in 1989, twenty years after the end of the Vietnam War and the Cold War, and in the context of the "counterculture" movement and the Cold War. The opinion of the majority, concurrence, and dissent are available, as well as selected facts and analysis.
Antonin Scalia. Texas v. Johnson, legal case in which the U.S. Supreme Court ruled (5–4) on June 21, 1989, that the burning of the U.S. flag is a protected form of speech under the First Amendment to the U.S. Constitution. The case originated during the Republican National Convention in Dallas in August 1984, where the party had gathered to ...
- The Editors of Encyclopaedia Britannica
The case involved a protester who burned an American flag during the 1984 Republican National Convention. The Court ruled that his conviction for flag desecration violated the First Amendment, as the flag was a symbol of national unity and not a venerated object.
The U.S. Supreme Court held that state laws criminalizing flag burning violated the First Amendment’s protection of freedom of speech in Texas v. Johnson (1989). The Court considered whether flag burning is expressive conduct, and if so, whether Texas had a compelling interest to uphold the conviction.
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