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What is Texas v Johnson?
Did Texas v Johnson violate the First Amendment?
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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 .
Johnson, 491 U.S. 397 (1989). Flag burning constitutes symbolic speech that is protected by the First Amendment. Facts. Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas.
Facts of the case. 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.
Key People: William Brennan. Thurgood Marshall. 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 Editors of Encyclopaedia Britannica
Johnson No. 88-155 Argued March 21, 1989 Decided June 21, 1989 491 U.S. 397 CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS Syllabus During the 1984 Republican National Convention, respondent Johnson participated in a political demonstration to protest the policies of the Reagan administration and some Dallas-based corporations.
Supreme Court Case. Texas v. Johnson (1989) 491 U.S. 397 (1989) Justice William Brennan. Library of Congress, Prints and Photographs Division. Justice Vote: 5-4. Majority: Brennan (author), Marshall, Blackmun, Scalia, Kennedy (concurrence) Dissent: Rehnquist (author), White, O’Connor, Stevens (author) More in The Constitution.
Johnson (1989) is the U.S. Supreme Court case where the Court held that state laws which criminalize flag burning violated the First Amendment’s protection of freedom of speech. Find the full opinion here. At the 1984 Republican National Convention, Gregory Lee Johnson burned an American flag as a political demonstration.
