Texas vs. Johnson-1989

Outside the 1984 Republican National Convention, protesters gathered to voice their disproval for the current presidential administration. Mr. Johnson was in attendance as a protester of President Reagan, in his first term, and also a number of Dallas based companies. During a march outside the convention, Johnson burned a United States flag as an act of protest. No one was hurt due to the political statement that Johnson made and it was determined that no one was even threatened of being hurt.

It was noted that a few witnesses, an exact number was not given, were offended by Johnson’s act. Johnson was then convicted of desecration of a venerated object, which was in violation of a Texas statute. Venerated means to regard or treat with reverence.

A Texas court of appeals approved the notion that Johnson was guilty of violating the Texas statute. Johnson was then sentenced to one year in prison and was given a fine of $2,000. Johnson appealed the decision to the Texas Court of Criminal Appeals, and it was decided that his case would be seen.

The Court of Criminal appeals over-turned the decision of the lower court, stating that what Johnson had done was protected by the First Amendment. They found his actions as protected content of free speech.

The Court also determined that the act of flag burning in Johnson’s case would not have caused a major disturbance of the peace, and therefore did not qualify as a potential security breech, which was necessary to meet the state goal. The Court decided that the Government cannot assume that every controversial idea will cause a riot.

The state of Texas asked the Supreme Court to hear the case, and their decision was handed down in 1989.

A five-justice majority wrote the defendant’s act of burning a U.S. flag was protected speech under the First Amendment to the Constitution. The final result was a 5-to-4 slight majority decision.

The verdict was decided because the court felt that Government cannot limit the spoken or non-spoken expression of ideas solely because society finds the idea upsetting, even when the U.S. flag is involved.

The case was brought to court on the grounds of determining whether flag burning was protected as an act of free speech and if the U.S. flag was in a unique and separate category because of its meaning and venerated status.

Questions:

  1. What is the significance of the Supreme Court’s decision?
  2. How do you react to this statement: “Burning the U.S. flag is desecrating the symbol of free speech?”
  3. Do you feel the United States flag needs to be protected from desecration and should be placed in a separate category because of its venerated status and meaning to people?
  4. Do you feel this case is at all similar to the uproar that came about after Jimi Hendrix played his own version of the National Anthem at Woodstock?
  5. What potential problems can arise from the Texas V. Johnson decision?