Texas vs. JohnsonBy : Carter Hedden

The Standard

• SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.

Information

• During a protest at the 1984 Republican National Convention in Dallas, TX, Gregory Lee Johnson (a member of the Revolutionary Communist Brigade) poured kerosene on an American flag and shouted offensive chants.

Important question to consider...

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

Convicted

• Johnson was charged with violating the Texas law that prohibits vandalizing respected objects. He was convicted, sentenced to one year in prison, and fined $2,000.

Appeals

• Johnson appealed his conviction to the Fifth Court of Appeals of Texas, but he lost this appeal

• The Texas Court of Criminal Appeals overturned his conviction because they claimed that Johnson was protected under the first amendment and could not be punished by the state of Texas because he was exhibiting symbolic speech.

Supreme Court

• The case went to the supreme court in 1988-1990.

• In a 5-4 decision, the court ruled in favor of Johnson. They said Johnson’s burning of the was protected expression under the First Amendment.

Impact

• The consequences of Texas vs Johnson still have effects today, and the issue still remains controversial. There are many mixed feelings over the topic. On the constitutional level, Texas vs Johnson has fueled several bills proposed by Congress that would prohibit flag burning in the United States on a national level.