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In a controversial 5-4 decision, the Court ruled that Johnson had the right to burn the flag under the First Amendment. Flag burning was found to be expressi...
Texas v. Johnson: The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag.
A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case.
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.
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.
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.
In a political demonstration during the Republican National Convention in Texas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire. He was part of a group protesting the policies of the Reagan Administration and of certain corporations based in Dallas.