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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 .
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
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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. Johnson burned the flag to protest the policies of President Ronald Reagan.
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.
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.
Background: Texas v. Johnson. United States v. 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.
Texas v. Johnson (1989) struck down on First Amendment grounds a flag desecration law. The has decision served as the crux of the debate about burning of the U.S. flag in protest.
