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Texas V. Johnson

Texas V. Johnson

Texas vs. Johnson
491 U.S. 397 (1989)

Facts:  The defendant, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas Law.  A conviction in which he challenged stating that it was a violation of his 1st amendment of freedom of speech.  The state’s court of appeals rejected that it was a violation of Johnson’s freedom of speech and affirmed that it was a violation of the state’s law for burning the flag.  The Texas Court of Criminal Appeals granted a certiorari.
Issue:  Is flag burning as a form of political protest an agreeable method of practicing ones First amendment right to freedom of the speech?  Or an attempt to cause societal disorder or disrupt the peace with violent outbreaks, either verbal or physical from members of Johnson’s protest, or other citizens who may be offended a the burning of the flag.

Decision:  The Texas Court of Criminal Appeals reversed the conviction, stating that Johnson’s burning of the flag was expressive conduct protected by the First Amendment.

Reason for Decision:  The court concluded that the state could not criminally convict anyone of flag desecration in order to preserve the American flag as a symbol

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