Supreme Court Cases Period 1 Fall 2015

By: Amber Baldwin
Texas v. Johnson (1989)
Background Information
In 1984, Gregory Lee Johnson burned an American flag while protesting Reagan administration policies. For violating a Texas
law against flag desecration, he was sentenced to a $2000 fine and a year in jail. The Texas Court of Criminal Appeals reversed
the decision before it went to the Supreme Court.
Constitutional Issue(s)
Does Johnson’s burning of the American flag count as a form of expression that must be protected under the First
Amendment’s freedom of speech?
Supreme Court Decision (Majority Opinion)
The justices ruled 5-4 that Johnson’s action was a form of self expression and must be protected by the First Amendment. Even
if something is offensive, that does not permit infringement of freedom of speech.
Precedent
Self-expressive actions cannot be criminalized based only on personal offense.
Concurring Opinion(s)
Justice Kennedy agreed with the majority opinion and wanted to add that even
though they are reluctant to let him go free, it is on a philosophical basis that
he would be imprisoned. He said that the flag protects even those who hold it
in contempt.
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Dissenting Opinion(s)
Justice Rehnquist believed that the flag has a uniqueness that justifies prohibition against burning it. They believed that
because it is the symbol of the nation, it is a special case and that it is Constitutional to ban desecration of it.
Sources Cited (MLA)
"Texas v. Johnson." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 8, 2015.
"Texas v. Johnson." Www.law.cornell.edu. Legal Information Institute. Web. 8 Dec. 2015.
Quick Links
https://www.law.cornell.edu/supremecourt/text/491/397#writing-USSC_CR_0491_0397_ZC
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