Texas v. Johnson

Common card · No. 246651

Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the flag of the United States is protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech. Activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law. Justice William Brennan wrote for the five-justice majority that Johnson's flag burning was protected under freedom of speech, and therefore the state could not censor Johnson nor punish him for his actions. The ruling invalidated laws against desecrating the American flag, which at the time were enforced in 48 of the 50 states. The ruling was unpopular with the general public and lawmakers, with President George H. W. Bush calling flag burning "dead...

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