Supreme Court Decisions Major Decisions-Texas v. Johnson

Major Decisions-Texas v. Johnson

Major Decisions-Texas v. Johnson

Texas v. Johnson was a landmark case that was heard by the United States Supreme Court in 1989. This case was a pivotal moment in the debate over the limits of free speech in America and remains a cornerstone of First Amendment jurisprudence to this day. The case dealt with the constitutionality of a Texas statute that made it illegal to desecrate or otherwise mistreat the American flag.

Gregory Lee Johnson was arrested in 1984 for burning an American flag during a protest demonstration in Dallas, Texas. He was convicted of violating the state’s flag desecration law and sentenced to one year in prison, as well as a $2,000 fine. Johnson appealed his case up to the United States Supreme Court, which eventually agreed to hear the case.

In a 5-4 decision, the Supreme Court reversed Johnson’s conviction. The Court held that the Texas statute that criminalized flag desecration violated the First Amendment’s protection of free speech. The Court noted that the government could not prohibit speech simply because it was offensive or contrary to societal norms. In particular, the Court found that flag burning was a form of symbolic speech, which was entitled to full protection under the First Amendment.

The Court’s decision in Texas v. Johnson was a major victory for supporters of free speech. It reaffirmed the idea that the government could not restrict or punish individuals for expressing their views, even if those views were controversial or offensive. The decision was also notable for the passionate and divergent opinions it elicited from both supporters and detractors of flag burning.

Critics of the decision argued that flag burning was not a form of protected speech and was instead an act of desecration that should be punished by law. Supporters of the decision, however, argued that free speech was a fundamental right that must be protected, even if it was unpopular or offensive to some. They argued that suppressing free speech was a slippery slope that could potentially lead to the suppression of all dissent and political opposition.

In the years since Texas v. Johnson, the debate over the limits of free speech has continued to be a contentious issue in American society. However, the Supreme Court’s landmark decision remains a major victory for the protection of free speech and serves as an enduring reminder of the importance of the First Amendment to the United States Constitution.

In conclusion, Texas v. Johnson was a major Supreme Court decision that helped to define the boundaries of free speech in America. The decision affirmed that the government could not restrict or punish individuals for expressing their views, even if those views were unpopular or controversial. While the decision was not without controversy, it remains an important cornerstone of First Amendment jurisprudence that protects the fundamental rights and freedoms of all Americans.


The Supreme Court has on various occasions dealt with cases that have the First Amendment the crux of the dispute. In other Supreme Court Cases, the judgments rendered have proven that the First Amendment and the Freedom of Speech are not constricted to that of the written and spoken word, but also extend to symbolic speech as well.

Texas v. Johnson is yet another Supreme Court case in which the application and interpretation of First Amendment rights are at the heart of the dispute. Texas v. Johnson deals with quite a controversial issue, one that continues today. Gregory Lee Johnson was participating in a demonstration that was denouncing and protesting some of the policies incurred by the Reagan Administration. In a form of protest, Johnson managed to get his hands on an American flag and proceeded to douse it in kerosene and light it ablaze.

Though many of his protesting comrades understood the symbolism behind his actions and probably applauded him for it, there were many others who were just as disgusted and offended. The issue brought civil penalties against Johnson, including a $2,000 fine, as well as a year in prison. The conviction was brought on appeal to Texas State courts. The first appeal was rejected, but Johnson’s second appeal to yet a higher State court overturned the conviction. The decision was based upon his actions being protected under First Amendment rights.

The State of Texas then brought the matter to the Supreme Court, under the argument that the flag was a national symbol and that flag burning was not only a desecration of national unity but also a breach of peace. Furthermore, Texas had State laws and statutes that prohibited flag burning. Texas was one of the many states having similar provisions, with the exception of only two states in the country not imposing such regulations.

The Chief Justice at the time was William Rehnquist, who would be responsible for presiding over Texas v. Johnson. The Supreme Court eventually rendered a decision in one of the most closely decided and controversial decisions of the Supreme Court. The decision rendered concluded that Johnson’s flag burning was Constitutionally-protected under First Amendment rights. The Court held that even though such an act was not a verbal or written speech, it was protected under the concept of symbolic speech. A similar decision was arrived at in a previous landmark Supreme Court case in Tinker v. Des Moines.

Furthermore, the Supreme Court would also state that regardless of the State of Texas’ intents of preserving unity and protecting a national symbol, they were not valid arguments for the case. Concurrently, the Supreme Court would also strike down the State’s argument regarding the breaching of the peace. Since Johnson’s flag burning did not actually harm anyone or threaten danger to the community, no disturbance or breach of peace actually took place. The Court did state, however, that flag burning could be punishable by law in instances where it constitutes an actual danger or lawless action.

Though flag burning, as an action, will not always present such a circumstance and its potential for such can be grounds to punish the act, flag burning must be actual and readily identifiable as a real threat or lawless action. The consequences of Texas v. Johnson still have effects today, for the issue still remains controversial. On the Constitutional level, Texas v. Johnson has incited several bills proposed by Congress (See Also: The Constitution-Article I) that would prohibit flag burning in the United States on national level. A law by Congress did manage to get passed but was eventually struck down by the same five-person majority of Justices that tried the Texas v. Johnson case.