What was the vote in the Texas v Johnson case?
Decision: The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment.
Which justices voted for the majority in Texas v Johnson?
Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia joining the majority. “Johnson was convicted for engaging in expressive conduct.
Who wrote the majority opinion in Texas v Johnson?
Justice William J. Brennan, Jr.The Court handed down a 5–4 decision, with the majority opinion authored by Justice William J. Brennan, Jr., which was joined by Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy.
What issue was decided in Texas vs Johnson?
In Texas v. Johnson, 491 U.S. 397 (1989), the Supreme Court struck down on First Amendment grounds a Texas flag desecration law. The 5-4 decision has served as the center point of a continuing debate regarding the value of free speech as exercised through the burning of the U.S. flag as a form of political protest.
Is it a felony to burn the American flag?
No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech.
Is defacing the American flag illegal?
Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
Can you burn the flag?
The U.S. Supreme Court has held that the government cannot prohibit citizens from desecrating the American flag. Congress has repeatedly attempted to outlaw flag burning through legislation and constitutional amendments, but none of these attempts have succeeded.
Why did Johnson burn the flag?
Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson.
Is flag burning protected speech?
The United States Supreme Court has ruled consistently that flag burning is a form of speech protected by the First Amendment.
Who were the parties involved in Texas v Johnson?
Brennan, Jr., noted for his liberal jurisprudence, wrote the majority opinion, which was joined by his fellow liberal justices Thurgood Marshall and Harry Blackmun and by two conservative justices, Anthony Kennedy and Antonin Scalia.
Why did the Supreme Court ruled in favor of the students who wore armbands?
The court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process. Because wearing a black armband was not disruptive, the court held that the First Amendment protected the right of students to wear them.
What did Texas argue in Texas v Johnson?
The state of Texas argued that it had a compelling interest in banning flag burning in order to preserve the peace and to protect the flag as a sym...
What happened in the Texas vs Johnson case?
In the Texas v. Johnson 1989 case, the United States Supreme Court ruled that a Texas law banning flag desecration was a violation of the First Ame...
Why did Johnson burn the flag?
During the 1984 Republican National Convention, Gregory Johnson and about 100 other demonstrators were protesting the policies of the Reagan Admini...
Why was the Texas v Johnson case important?
The Texas v. Johnson case established that the First Amendment right to free speech is more important than the American flag as a symbol of nationh...
What was the ruling in Texas v Johnson?
The Supreme Court ruled in Johnson's favor. The Court ruled that the Texas law banning the desecration of a venerated object was an unconstitution...
What was Johnson's argument in Texas v Johnson?
Johnson's attorney William Kuntzler argued that the Texas statute was unconstitutional because it prohibited symbolic speech, a form of political s...
What was the significance of Texas v Johnson?
Johnson, 491 U.S. 397 (1989), was a landmark decision of the US Supreme Court that invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states.
Which amendment was struck down by the same 5 justice majority as in Texas v. Johnson?
Eichman, that law was struck down by the same five-justice majority as in Texas v. Johnson (in an opinion also written by Brennan). Since then, Congress has considered the Flag Desecration Amendment several times. The amendment usually passes the House of Representatives but has always been defeated in the Senate.
What was the key question considered by the Court in the case of Johnson?
Thus, the key question considered by the Court was "whether Texas has asserted an interest in support of Johnson's conviction that is unrelated to the suppression of expression.".
Who represented Gregory Lee Johnson?
Johnson was represented by attorneys David D. Cole and William Kunstler .
Who wrote the majority opinion of the Supreme Court?
The Supreme Court's decision. Justice Brennan wrote the majority opinion. The opinion of the Court came down as a controversial 5–4 decision, with the majority opinion being authored by Justice William J. Brennan, Jr. and joined by Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy.
What law was passed to desecrate the flag?
Congress did, however, pass a statute in 1989, the Flag Protection Act, making it a federal crime to desecrate the flag. In the 1990 Supreme Court case United States v. Eichman, that law was struck down by the same five-justice majority as in Texas v. Johnson (in an opinion also written by Brennan). Since then, Congress has considered the Flag Desecration Amendment several times. The amendment usually passes the House of Representatives but has always been defeated in the Senate. The most recent attempt occurred when S.J.Res.12 failed by one vote on June 27, 2006.
When was the Texas v Johnson case reaffirmed?
The Supreme Court reaffirmed Texas v. Johnson a year later in United States v. Eichman (1990), when it struck down the Flag Protection Act of 1989, which Congress enacted in response to the 1989 decision.
Why was Gregory Lee Johnson convicted?
Gregory Lee Johnson, right, with his attorney circa 1989. Johnson was convicted under a Texas law for burning an American flag. The Supreme Court overturned the law in Texas v. Johnson for violating First Amendment freedom of expression. (Image via Wikimedia Commons, CC BY-SA 3.0)
What happened after the Texas flag was burned?
After the flag was burned, a witness gathered the flag’s remains to bury them. Of the 100 demonstrators gathered, only Johnson was charged with violating a Texas state law, which made desecrating the national flag a criminal offense.
Which amendment protects flag burning?
Supreme Court said flag burning was expressive conduct protected by the First Amendment. Writing for the majority, Justice William J. Brennan Jr. noted that expressive conduct is protected by the First Amendment, and that the government’s interests in protecting the flag did not trump the right to engage in political speech.
Who was the president of the United States during the 1984 Republican National Convention?
During the 1984 Republican National Convention in Dallas, Gregory Lee Johnson participated in protests against the Reagan administration’s policies and the nomination of President Ronald Reagan for a second term. Culminating the protests, Johnson doused a U.S. flag with kerosene and set it on fire.
Who dissented against the burning of the American flag?
flag in American life, held that the burning of the flag is akin to “fighting words.” In his dissent, Justice John Paul Stevens, a World War II veteran, was troubled by the possible devaluing of the flag’s symbolic nature. Noting that if a federal right to post bulletin boards and graffiti to “enlarge the market for free expression” meant defacing the Washington Monument, Stevens would not allow it; thus, he reasoned, “sanctioning the public desecration of the flag will tarnish its value.”
Why was John Johnson arrested?
He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson.
Why did Gregory Lee Johnson burn the flag?
Johnson burned the flag to protest the policies of President Ronald Reagan.
Does Texas discriminate against flag burning?
In particular, the majority noted that the Texas law discriminated upon viewpoint, i.e., although the law punished actions, such as flag burning, that might arouse anger in others, it specifically exempted from prosecution actions that were respectful of venerated objects, e.g., burning and burying a worn-out flag.
Texas v. Johnson (1989) Summary
The Texas Criminal Court of Appeals ruled that the Texas law under which Johnson was convicted was unconstitutional as it related to Johnson because he was a political protester. However, Johnson argued that the Texas law was unconstitutional in itself.
Texas v. Johnson Majority Opinion
Referring to Johnson's conviction, Brennan wrote, ''This case presents the question whether his conviction is consistent with the First Amendment. We hold that it is not.''
Texas v. Johnson Dissenting Opinion
Justice Stevens, in his dissent, accepted the argument that the state of Texas presented to the Court, which the majority rejected: that the flag was an important and unique symbol of nationhood and national unity.
What amendment did the Texas flag desecration violate?
Johnson argued that the Texas flag desecration statute violated the First Amendment, which says “Congress shall make no law…abridging the freedom of speech…or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”.
Why did the Supreme Court rule that the flag should not be burned in protest?
In a closely divided (5-4) ruling, the Supreme Court held that states could not forbid burning the U.S. flag in protest, because doing so would violate the freedom of speech protected by the First Amendment.
What did the protesters do to the flag in Dallas?
As the demonstrators marched through the streets, chanting their message, a fellow protestor handed Johnson an American flag that had been taken from a flag pole at one of their protest locations. Upon reaching the Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze.
What is the bedrock principle of the First Amendment?
If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable [.]”. Though Texas v.
Who was the Republican candidate for President in 1984?
In 1984, the Republican Party convened in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially nominated as the GOP candidate for President. Scores of individuals organized a political protest in Dallas that voiced opposition to Reagan administration policies and those of some Dallas-based corporations. Among the protesters was Gregory Lee Johnson. As the demonstrators marched through the streets, chanting their message, a fellow protestor handed Johnson an American flag that had been taken from a flag pole at one of their protest locations.
Was the Johnson Act hurt?
No one was hurt or threatened with injury by the act , but many who witnessed it were deeply offended. Johnson was arrested, charged, and convicted of violating a Texas law that made it a crime to desecrate a “venerable object.”.
Why was Texas v. Johnson a case?
Johnson: Johnson was arrested for burning an American flag at a political rally in violation of a Texas statute which prohibited public desecration of the flag. Johnson then appealed to the Court of Criminal Appeals, who reversed his conviction and the case was petitioned to the Supreme Court of the United States.
What is the Court's first decision to determine whether or not Johnson's conduct was expressive?
If it is, then Johnson would be permitted to invoke his First Amendment right. If the conduct is expressive then the Court must determine whether the state’s law is related to suppressing free expression.
Why was Gregory Lee Johnson convicted?
Gregory Lee Johnson was convicted for desecrating a flag after publically burning an American flag in political protest at a Republican rally. Johnson then challenged his conviction under the Texas state law in a state court claiming the law violated his First Amendment right to freedom of speech.
Which landmark case established the right of American’s to burn an American flag as a symbol of expression?
Texas v. Johnson was the landmark case which established the right of American’s to burn an American flag as a symbol of expression and stressed the importance of the First Amendment freedom of expression.Prior to this decision, the answer was very unclear.
Does the First Amendment support the burning of the flag?
As a result, the First Amendment cannot support Johnsons’s conviction of flag burning for the purpose of political expression. The Court further stated that the best way to respond to the burning of an American flag is waving their own. This judgment does not weaken the flag’s status in the American society.
Overview
Subsequent developments
The Court's decision invalidated laws against desecrating the American flag, which were enforced in every state except Alaska and Wyoming. More than two decades later, the issue remained controversial, with polls suggesting that a majority of Americans still supported a ban on flag burning. Congress did, however, pass a statute in 1989, the Flag Protection Act, making it a federal crime to desecrate the flag. In the 1990 Supreme Court case United States v. Eichman, that law …
Background
On August 22, 1984, Gregory Lee Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, protesting the policies of the Reagan administration. The protestors marched through the streets, chanting political slogans and staging "die-ins" at several corporate buildings to dramati…
Opinion of the Court
The Court handed down a 5–4 decision, with the majority opinion authored by Justice William J. Brennan, Jr., which was joined by Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy. While Kennedy joined the majority, he also authored a separate concurrence.
The Court first considered the question of whether the First Amendment to the …
See also
• Gregory Lee Johnson
• Flag desecration
• Stromberg v. California
• List of United States Supreme Court cases
Further reading
• Goldstein, Robert Justin (2000). Flag Burning and Free Speech: The Case of Texas v. Johnson. Lawrence, Kansas: University Press of Kansas. ISBN 978-0-7006-1053-2.
• Vergobbi, David J. (2003). "Texas v. Johnson". In Parker, Richard A. (ed.). Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions. Tuscaloosa, Alabama: University of Alabama Press. pp. 281–297. ISBN 978-0-8173-1301-2.
External links
• Works related to Texas v. Johnson at Wikisource
• Text of Texas v. Johnson, 491 U.S. 397 (1989) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist Oyez (oral argument audio)
• Texas v. Johnson, First Amendment Library entry at the Library of Congress Web Archives (archived 2004-12-21)