Incident: Gregory Lee Johnson burned an American flag in protest of President Reagan's policies during the 1984 Republican National Convention in Dallas, Texas.
Legal Action: Johnson was arrested and charged under a Texas statute prohibiting the desecration of venerated objects, including the American flag, if likely to incite anger.
Appeal: Johnson argued his actions were "symbolic speech" protected by the First Amendment.
Supreme Court Involvement: The case was taken up by the Supreme Court to determine if flag burning is protected under the First Amendment.
Issue
Legal Question: Does flag burning constitute "symbolic speech" protected by the First Amendment?
Ruling
Decision: Yes, flag burning is "symbolic speech" protected by the First Amendment.
Reasoning (5-4)
Majority Opinion:
Justice William Brennan: Society's outrage is not sufficient to suppress free speech; burning the flag is a form of expression protected by the First Amendment.
Viewpoint Discrimination: The Texas law discriminated based on viewpoint, punishing flag desecration while exempting respectful acts like burning a worn-out flag. The government cannot discriminate based solely on viewpoint.
Dissent
Justice Stevens: Argued that the flag's status as a national unity symbol outweighed concerns of "symbolic speech," allowing the government to prohibit flag burning.
Related Material
Texas v. Johnson Activity Package: Educational resources related to the case.
Student Rights: Comparison with other cases affecting First Amendment rights in schools.
Podcasts and Resources: Additional materials to learn more about the First Amendment and the case.
Disclaimer
These resources are for educational purposes and may not reflect current law or provide legal advice.