texas v. johnson
Case name: Texas v. Gregory Lee Johnson
Year decided: 1989
Result: 5-4, in favor of Johnson
Related constitutional issue/amendment: First Amendment (freedom of speech)
Civil rights or civil liberties: civil liberties
Significance/precedent: The Court held that flag burning is a form of symbolic speech protected under the First Amendment. The Court reasoned that the government cannot ban certain forms of speech just because society finds it objectionable and it does not fit social norms. We cannot silence political protests because individuals "failed to show the respect for our national symbol which may properly be demanded of every citizen."
Quote from majority opinion: "Johnson was convicted for engaging in expressive conduct. The State's interest in preventing breaches of the peace does not support his conviction, because Johnson's conduct did not threaten to disturb the peace. Nor does the State's interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression."
Summary of the dissent: The flag is an unique symbol that embodies our nation. Desecrating the flag diminished the worth of a national symbol that stands for freedom, equality, religious tolerance and countless other values that our nation stands for. "The First Amendment does not guarantee the right to employ every conceivable method of communication at all times and in all places."
Six-word summary: Flag burning protected under First Amendment.
Year decided: 1989
Result: 5-4, in favor of Johnson
Related constitutional issue/amendment: First Amendment (freedom of speech)
Civil rights or civil liberties: civil liberties
Significance/precedent: The Court held that flag burning is a form of symbolic speech protected under the First Amendment. The Court reasoned that the government cannot ban certain forms of speech just because society finds it objectionable and it does not fit social norms. We cannot silence political protests because individuals "failed to show the respect for our national symbol which may properly be demanded of every citizen."
Quote from majority opinion: "Johnson was convicted for engaging in expressive conduct. The State's interest in preventing breaches of the peace does not support his conviction, because Johnson's conduct did not threaten to disturb the peace. Nor does the State's interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression."
Summary of the dissent: The flag is an unique symbol that embodies our nation. Desecrating the flag diminished the worth of a national symbol that stands for freedom, equality, religious tolerance and countless other values that our nation stands for. "The First Amendment does not guarantee the right to employ every conceivable method of communication at all times and in all places."
Six-word summary: Flag burning protected under First Amendment.