TEXAS V. JOHNSON

1989

Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statui. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case.

WHATS THE ISSUE?

• Whether flag burning constitutes "symbolic speech" which is protected by the First Amendment.

Chief Justice
William Rehnquist
Associate Justices
William J. Brennan, Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy

BYRON WHITE THURGOOD MARSHALL

ANTHONY KENNEDY

ANTONIN SCALIA

SANDRA DAY O'CONNOR

JOHN P. STEVENS

HARRY BLACKMUN

WILLIAM J. BRENNAN, JR.

Decision: The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment.

Decision: The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment.

MINORITY

• In his dissenting opinion, Chief Justice Rehnquist wrote that "No other American symbol has been as universally honored as the flag." The chief justice paid tribute to the men and women of the armed forces who have sacrificed their lives to preserve the freedom symbolized by the flag. A

MAJORITY

• The government insignificant to overcome the defendant's right to engage in symbolic expressions.

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