Texas v. Johnson
A Supreme Court case that regarded invalidated prohibitions on desecrating the American flag.
Background
During the 1984 Republican National Convention in Dallas there was a group called "Revolutionary Communist Youth Brigade" participate in a demonstration. They were protesting the Reagan Administration. During the demonstration one of the demonstrators handed Johnson an American flag when the demonstrators reached the City Hall in Dallas Johnson proceeded to pour kerosene and set the flag on fire. He was charged with violating a Texas Law that prohibits respected objects. He was sentenced to one year in prison and fined 2,000 dollars. He appealed his conviction to the “Fifth Court of Appeals of Texas” and lost. The appeal then went to Texas Court of Criminal Appeals, (Highest court for appeals in Texas) the court overturned his conviction stating that Johnson could not be convicted or burning an American Flag because the First Amendment protects his right to do so.
Breaching Rights
Texas Court of Criminal Appeals over turned Johnson's conviction on account of his actions being protected under the First Amendment.
More than just material
Justice John Paul Stevens' dissent opinion states "is more than a proud symbol of the courage, the determination, and the gifts of nature that transformed 13 fledgling Colonies into a world power. It is a symbol of freedom, of equal opportunity, of religious tolerance, and of good will for other peoples who share our aspirations...The value of the flag as a symbol cannot be measured." "The case has nothing to do with 'disagreeable ideas.' It involves disagreeable conduct that, in my opinion, diminishes the value of an important national asset," Justice Stevens believed that Johnson was punished because of what he did not for having an opinion.
Justice William H. Rehnquist's dissent opinion states "The flag is not simply another "idea" or "point of view" competing for recognition in the marketplace of ideas. Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have. I cannot agree that the First Amendment invalidates the Act of Congress, and the laws of 48 of the 50 States, which make criminal the public burning of the flag."
Justice William H. Rehnquist's dissent opinion states "The flag is not simply another "idea" or "point of view" competing for recognition in the marketplace of ideas. Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have. I cannot agree that the First Amendment invalidates the Act of Congress, and the laws of 48 of the 50 States, which make criminal the public burning of the flag."
Decision
Decision Date: June 21, 1989.
The US Supreme Court ruled in favor of Johnson in a 5-4 decision.
"Under the circumstances, Johnson's burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment... Occurring as it did at the end of a demonstration coinciding with the Republican National Convention, the expressive, overtly political nature of the conduct was both intentional and overwhelmingly apparent."
The US Supreme Court ruled in favor of Johnson in a 5-4 decision.
"Under the circumstances, Johnson's burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment... Occurring as it did at the end of a demonstration coinciding with the Republican National Convention, the expressive, overtly political nature of the conduct was both intentional and overwhelmingly apparent."