TEXAS v. JOHNSON

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Case Basics
Docket No. 
88-155
Petitioner 
Texas
Respondent 
Johnson
Advocates
(Argued the cause for the petitioner)
(Argued the cause for the respondent)
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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. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.

Question 

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

Conclusion 
Decision: 5 votes for Johnson, 4 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that "[i]f 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."

Cite this Page
TEXAS v. JOHNSON. The Oyez Project at IIT Chicago-Kent College of Law. 30 October 2014. <http://www.oyez.org/cases/1980-1989/1988/1988_88_155>.
TEXAS v. JOHNSON, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1988/1988_88_155 (last visited October 30, 2014).
"TEXAS v. JOHNSON," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 30, 2014, http://www.oyez.org/cases/1980-1989/1988/1988_88_155.