Texas v. Johnson

Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision of the United States Supreme Court.

Gregory Lee Johnson was convicted under Texas law for burning an American flag during the 1984 Republican National Convention in Dallas. The Texas Court of Criminal Appeals reversed, holding that flag burning was protected symbolic speech. Texas appealed to the Supreme Court.

Significance

Justice Brennan’s 5-4 opinion held that flag burning constitutes expressive conduct protected by the First Amendment. Texas’s interest in preserving the flag as a symbol of national unity did not justify suppressing political protest. The Court emphasized that the government may not prohibit expression simply because it is offensive or disagreeable. The decision prompted widespread public criticism and efforts to amend the Constitution, but the flag desecration amendment has never been adopted.

Category

US Federal Case Law