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Texas v. Johnson

United States Supreme Court
491 U.S. 397 (1989)


Facts

After publicly burning an American flag as a means of political protest, Gregory Lee Johnson (defendant) was convicted by the State of Texas (plaintiff) for desecrating a flag in violation of Texas law. Johnson challenged his conviction in state court on the grounds that the law violated his First Amendment right to freedom of speech. The Texas Court of Criminal Appeals reversed the conviction, and the United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Brennan, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Rehnquist, C.J.)

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Dissent (Stevens, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

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