Texas v. Johnson

[[File:Shaw Day 2 Photo 18.jpg|thumb|right|165px|Not an effective way to cook s'mores.]]
[[File:William Kunstler and Gregory Lee Johnson.jpg|thumb|left|165px|(l-to-r) Lawyer William Kunstler and Gregory Lee Johnson, c. 1989]]
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{{caselaw|{{PAGENAME}}|491 U.S. 397|June 21, 1989}}
'''''Texas v. Johnson''''' was a 1989 [[SCOTUS|US Supreme Court]] case in which the Court determined that desecration of the [[United States|American]] flag, even including burning, was a form of protected symbolic [[freedom of speech|speech]].<ref>Marc Leepson.  [http://www.aarp.org/politics-society/history/info-06-2011/5-myths-about-the-american-flag.4.html 5 Myths About the American Flag].  AARP.  2011 June 30.</ref> This invalidated prohibitions against flag desecration that were enforced in a whopping 48 states.<ref>[https://billofrightsinstitute.org/educate/educator-resources/lessons-plans/landmark-supreme-court-cases-elessons/texas-v-johnson-1989/ Texas v. Johnson (1989)] Bill of Rights Institute.</ref>

==Facts of the case==
As part of a protest against the [[Reagan]] administration, Gregory Lee ("Joey") Johnson, outside the [[Republican]] National Convention in Dallas, doused an American flag in kerosene and lit that fucker up. Other demonstrators present chanted "America, the red, white, and blue, we spit on you."<ref name="factstvj">[http://landmarkcases.org/en/Page/674/Background_summary__questions_ Background summary & questions] Street Law Inc. ''Landmark Cases''</ref> While no violence occurred, many witnesses were highly offended, and one man retrieved the flag's remains and buried them in his backyard according to military protocol.<ref>Jan Jarvis, "Humble man gained national attention for burying flag that had been set on fire at protest"". Fort Worth Star-Telegram, September 16, 2009. Retrieved September 22, 2009.</ref>

Johnson was later charged with desecration of a venerated object by Texas courts, fined $2,000, and sentenced to a year in prison.<ref name="tvj">[https://www.oyez.org/cases/1988/88-155 Texas v. Johnson] ''Oyez''.</ref> After the Texas Court of Criminal Appeals reversed the decision, the case made its way to the Supreme Court.

==Decision of the Court==
Johnson's appeal was based on the idea that his actions were "symbolic speech" and thus protected by the [[First Amendment]]. In a controversial 5-4 decision, the Court, including Chief Justice Brennan agreed with Johnson and overturned his sentence.<ref name="tvj"></ref> The majority decision noted that protecting freedom of speech often means defending actions and words that society finds offensive and that general outrage is not strong enough reason to suppress speech.<ref name="tvjii">[http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-texas-v-johnson Facts and Case Summary - Texas v. Johnson] United States Courts.</ref> Both dissents to the case cited the American flag as a uniquely important symbol in American culture which justifies special protections.<ref name="tvjii"></ref> Justice Stevens explained that he viewed the flag as  " a symbol of freedom, of equal opportunity, of religious tolerance, and of good will for other peoples who share our aspirations. ... The value of the flag as a symbol cannot be measured."<ref>Johnson, 491 U.S. at 437 (Stevens, J., dissenting).</ref> 

==See also==
*[[Flag police]]
*[[Revolutionary Communist Party (US)]] — Johnson was a member at the time of the flag burning

==External links==
*[http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZS.html Supreme Court of the United States Texas v. Johnson]
*[http://www.guardian.co.uk/commentisfree/belief/2011/apr/20/free-speech-royal-wedding-quran Without free speech, this island seethes with resentment] ''[[UK]] citizens do not have the same freedom at least their freedom can be restricted. ''
*[http://news.bbc.co.uk/1/hi/uk/6096810.stm Flag-burning law plan criticised] ''They tried unsuccessfully to introduce a law in the UK in 2007.  Will they try again?''

==References==
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[[Category:Constitutional law]]
[[Category:Freedom of speech]]
[[Category:Law]]
[[Category:Texas]]
[[Category:United States Supreme Court cases]]

Categories: Constitutional law, Freedom of speech, Law, Texas, United States Supreme Court cases