Texas v. Johnson
United States Supreme Court
491 U.S. 397, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989)
- Written by Angela Patrick, JD
Facts
Gregory Lee Johnson (defendant) burned an American flag during a political demonstration at the 1984 Republican National Convention in Dallas. The burning did not cause a breach of the peace. Johnson was charged with desecration of a venerated object in violation of a Texas state statute. Johnson was convicted, sentenced to one year in prison, and fined $2,000. On appeal, the intermediate appellate court affirmed Johnson’s conviction. The Texas Court of Criminal Appeals then vacated the conviction, ruling that Johnson’s conduct was protected symbolic speech and that punishing Johnson for burning the flag during a political protest was not consistent with the First Amendment. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Brennan, J.)
Concurrence (Kennedy, J.)
Dissent (Rehnquist, C.J.)
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