Texas v. Johnson (No. 88-155). Argued: March 21, 1989. Decided: June 21, 1989 In 1984 the Republican National Convention was held in Dallas, Texas. While there, a group of protesters, opposed to President Reagan's reelection, burned an American flag. Specifically, Greg Johnson was seen dousing the flag with kerosene and lighting it on fire. Johnson was arrested under a Texas flag desecration law. He was convicted and sentenced to one year in jail and fined $2000. The State Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed the decision. The court first found that Johnson's actions were protected under the free speech clause under the …show more content…
The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment." The court also stated that, "Recognizing that the right to differ is the centerpiece of our First Amendment freedoms," the court explained, "a government cannot mandate by fiat a feeling of unity in its citizens. Therefore, that very same government cannot carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol when it cannot mandate the status or feeling the symbol purports to represent." The Supreme Court found that the state's first interest of preserving the flag as a symbol of national unity was not made. The state had not shown that the flag was in danger of being stripped of its symbolic value, the Texas court also decided that flag's special status was not endangered by Johnson's actions. The court also concluded that that the flag-desecration statute was not drawn narrowly enough to encompass only those flag burnings that were likely to result in a serious disturbance of the peace. The flag burning in this particular case did not threaten such a reaction. There were only a few witnesses to the act that stated that they were upset with the action but were not harmed in any way. There was no breach of peace nor does the record reflect that the situation was potentially explosive. Just because someone was
This case then was put up to the national level and sent to the United States Supreme Court. There was great public attention because of media. Many groups involved themselves in either trying to support that Texas violated Johnson's first amendment right of freedom of expression, or tried to get a new amendment passed to the constitution stopping the burning of the United States’ flag. The final decision by the Supreme Court on June 21, 1989 was by a 5 – 4 vote, that the Texas court of criminal appeals violated Johnson's first amendment rights by prosecuting him under its law for burning a flag as a means of a peaceful political demonstration. The Supreme Court upheld this ruling, stating the flag burning was "expressive conduct" because it was an attempt to "convey a particularized message." This ruling invalidated flag protection laws in 48 states and the District of Columbia.
Demonstrators marched through the streets, chanting slogans, and held protest outside the offices of several corporations. The purpose of the demonstration was to protest policies of the Regan Administration and of certain corporations based in Dallas. In a political demonstration during the Republican National Convention in Texas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire. During the burning of the flag, the demonstrators shouted, “America, the red, white, and blue, we spit on you.” No one was hurt but some witnesses said they were offended. One witness picked up the flag’s charred remains and buried them in his backyard. Johnson was charged and convicted with the desecration of a venerated object, in violation
In response to the decision made in Texas v. Johnson, Congress enacted the Flag Protection Act of 1989. The Act, this time focused not on simply prohibiting the desecration of a flag, but of protecting the entire physical integrity of a flag. The Act did, however allow for the proper disposal of old, torn, worn, or soiled flags. Congress did this with the purpose of removing language that the courts might find made the statute a statute that aimed to suppress certain kinds of expression. They also tried to challenge the Court and prior rulings to prohibit the burning and desecration of American flags. After Congress passed this law, many burned flags in protest.
Does American Flag discriminate other people why or why not? On page three line two “A person has a right to express disagreement with governmental policies by burning the American flag. The next piece of evidence, On page two the caption says Dallas police arrest Gregory Lee Johnson for burning an American flag outside the 1984 Republican National Convention. Gregory Lee Johnson started a court case cause he burned an American flag. So he was treated for burning the American flag.
For instance, in the two passages Texas v. Johnson and American Flag Stands for Tolerance, the hardship of Gregory Lee Johnson is explained. He burned an American Flag as a way of expressing his opinion. First Amendment protects the people’s freedom of
To start with, in the “Texas v. Johnson Majority Opinion”. The court case shows an example of acceptance towards Johnson. He was on trial due to burning the flag. Many people thought his actions were unacceptable and that he be placed in jail as a result of his dissent. Brennan, who served the supreme court, decided that his actions were protected under the 1st amendment, a dogma that grants him freedom of assembly and freedom of speech in this case. Brennan argued,” The way to pressure the flag’s special role is not to punish those who feel differently about these matters. It’s to persuade them that they are wrong.” America was founded on freedom and acceptance, and this case supports that fact. Even though
The suit raised two formidable constitutional questions. First, Texas had brought suit directly in the Supreme Court. Under the Constitution, only a state may do this. These were the days of Reconstruction, and Texas had a military
The demonstration, which involved a lot of people, was against the Reagan administration’s policies. Spectators watching the protest were deeply offended by Johnson’s actions. As a result, the state of Texas sued Johnson. In this case, the justices had to decided if ruining an american flag, in any way, is a form of free speech that is protected by the first amendment in the Constitution. In a five person to four person vote, the Supreme Court decided that Johnson was protected by the first amendment. They decided that burning an american flag is considered to be an political action, which expresses the person’s political beliefs. This ruling created the idea that just because the public were offended by the action, there is no reason why to prohibit the
In 1984 a man by the name of Gregory Lee Johnson burned an American Flag in protest of President Ronald Reagan’s policies. This brought up quite a controversial topic however. Should burning the American Flag be illegal or legal. The Supreme Court made the decision that it was not illegal in a 5 to 4 vote. Many articles were published about this topic that had many differences and similarities like how the American Flag is treated and how this is punished and a difference being how the article’s determinations were
The stories Texas vs Johnson and American Flag Stands for Tolerance are completely different to each other when it comes to tone. Today you will see how they were different how they are different.
for Texas v. Johnson, Chief Justice Rehnquist explains that many Americans regard the flag “with an
A 1931 Supreme Court case, Stromberg v. California, set the first precedent for the use of a flag in an act of symbolic speech under the First Amendment, when the Court struck down a California law that banned the flying of a red flag to protest against the government. More than five decades later, Congress passed Flag Protection Act in 1968. The Act was response to the Vietnam protests of the unfavorable Vietnam war. Protesters started the tradition of desecrating the flag, including burning the flag. For more than 20 years, the lower court upheld the act and the Supreme Court denied
Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas passed the Flag Protection Act, which prohibited any form of desecration against the American flag. This act provoked many people to protest and burn flags anyway. Two protestors, Shawn Eichman and Mark Haggerty were charged with violating the law and arrested. Both Eichman and Haggerty appealed the
The issue of burning the American flag, as a means of expression is continuously argued today. Many
My first reason why Johnson is extending his freedom of speech is that he burnt the flag and people fought for our freedom and that flag symbolizes freedom to many