What happened in the Texas v. Johnson case?
Republican National Convention
This historical event happened in 1984 while re-electing Ronald Reagan. It was a normal day where everyone was cheering and waving American flags, everyone listened intently to the speeches of their favorite politicians. Outside, a crowd of very angry protestors, they would act out "die-ins" which was based on death from the nuclear war. They turned potted plants over and spray-painted walls. One protestor pulled down a flapping American flag from a pole near the crowd. The crowd gathered near Joey Johnson who is a member of the Revolutionary Communists Youth Brigade. The protestor handed him the flag and instead of saluting it, he doused it with kerosene and set it ablaze. The crowd chanted, America, Red, White, and Blue, we spit on you. Then they all spat on the American Flag. Johnson was convicted, and was sentenced to one year in prison, and fined two thousand dollars. This case climbed to the U.S. Supreme Court which is the highest rung of the judicial ladder. In Texas the Court of Appeals upheld the conviction, however the Texas Court of Criminal Appeals reversed it, saying that they agreed with Johnson and said his "conduct was symbolic of speech protected by the First Amendment." At the U.S Supreme Court an important legal question was raised. The case now known as Texas v. Johnson, asked: Can the federal government protect a symbol of political freedom by prohibiting the exercise of political freedom?
On June 21, 1989 The Supreme Court delivered its landmark decision. It decided on a narrow decision that Johnson could not be convicted for burning an American flag as a part of a political demonstration. The Court,
in a vote of 5-4 decided that Johnson's actions constituted symbolic speech and were protected under the First Amendment. Of the nine justices, 5 ruled that his actions were protected under the First Amendment and 4 disagreed.
Johnson stated that he believed that he was making a powerful political statement against the government and doing so was absolutely protected free speech.
*Important note: the Court did not say that all flag burning is protected under the First Amendment. For example, a person can still be convicted for removing and burning a flag flying over a public building.
Source:
Miller, J. Anthony Texas V. Johnson : The Flag-burning case. Berkeley Heights, Enslow, 1997, print
Republican National Convention
This historical event happened in 1984 while re-electing Ronald Reagan. It was a normal day where everyone was cheering and waving American flags, everyone listened intently to the speeches of their favorite politicians. Outside, a crowd of very angry protestors, they would act out "die-ins" which was based on death from the nuclear war. They turned potted plants over and spray-painted walls. One protestor pulled down a flapping American flag from a pole near the crowd. The crowd gathered near Joey Johnson who is a member of the Revolutionary Communists Youth Brigade. The protestor handed him the flag and instead of saluting it, he doused it with kerosene and set it ablaze. The crowd chanted, America, Red, White, and Blue, we spit on you. Then they all spat on the American Flag. Johnson was convicted, and was sentenced to one year in prison, and fined two thousand dollars. This case climbed to the U.S. Supreme Court which is the highest rung of the judicial ladder. In Texas the Court of Appeals upheld the conviction, however the Texas Court of Criminal Appeals reversed it, saying that they agreed with Johnson and said his "conduct was symbolic of speech protected by the First Amendment." At the U.S Supreme Court an important legal question was raised. The case now known as Texas v. Johnson, asked: Can the federal government protect a symbol of political freedom by prohibiting the exercise of political freedom?
On June 21, 1989 The Supreme Court delivered its landmark decision. It decided on a narrow decision that Johnson could not be convicted for burning an American flag as a part of a political demonstration. The Court,
in a vote of 5-4 decided that Johnson's actions constituted symbolic speech and were protected under the First Amendment. Of the nine justices, 5 ruled that his actions were protected under the First Amendment and 4 disagreed.
Johnson stated that he believed that he was making a powerful political statement against the government and doing so was absolutely protected free speech.
*Important note: the Court did not say that all flag burning is protected under the First Amendment. For example, a person can still be convicted for removing and burning a flag flying over a public building.
Source:
Miller, J. Anthony Texas V. Johnson : The Flag-burning case. Berkeley Heights, Enslow, 1997, print