TEXAS V. JOHNSON (1989)

SOUCES

• http://www.oyez.org/cases/1980-1989/1988/1988_88_155
• http://www.uscourts.gov/educational-resources/get-involved/constitution-act...

BACKGROUND:
In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protests against Reagan's administration policies.

Constitutional Question:
Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?

Voting Results:
5 for Johnson, 4 against

• Voting Results: 5 for Johnson, 4 against

Decision:
Yes. Under the legal provisions of the 1st Amendment (Speech, Press, and Assembly), the burning of a flag was a protected expression of a distinctively political nature.

Dissent:
Because it represents America as a nation and not a political philosophy or party, the First Amendment does not invalidate the Act of Congress, and the laws of 48 of the 50 States, which make criminal the public burning of the flag. The flag outweighs "symbolic speech."

Significance: The gov can not discriminate in a matter solely based on viewpoint (just because society finds the idea offensive/disagreeable).