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Texas v. Johnson By: Jack wingard p4

"During the 1984 Republican National Convention, respondent Johnson participated in a political demonstration to protest the policies of the Reagan administration and some Dallas-based corporations. Johnson burned an American flag while protesters chanted. No one was physically injured or threatened with injury, although several witnesses were seriously offended by the flag burning. Johnson was convicted of obstruction of a venerated object in violation of a Texas statute, and a state court of appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these instances. The court first found that Johnson's burning of the flag was expressive action protected by the First Amendment. The court concluded that the State could not criminally sanction flag violation in order to preserve the flag as a symbol of national unity. It also held that the statute did not meet the State's goal of preventing breaches of the peace, since it was not drawn narrowly enough to hold only those flag burnings that would likely result in a serious disturbance, and since the flag burning in this case did not threaten such a reaction. Further, it stressed that another Texas statute prohibited breaches of the peace and could be used to prevent disturbances without punishing this flag violation."1

THE CASE: Johnson was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court. Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a state court of appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances. The court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. The court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity. 1989, was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.

Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech.

Books That talk about the case: Texas vs Johnson include: -1 Texas v Johnson: The Flag Burning Case by J. Anthony Miller- -2 Flag burning and free speech: the case of Texas v. Johnson by Robert Justin Goldstein- & -3 May it Please the Court: The Most Significant Oral Arguments Made Before the Supreme Court Since 1955 by Peter H. Irons and Stephanie Guitton-

In a 5-to-4 decision, the Court held that Johnson's burning of a flag was a protected expression under the First Amendment the Freedom of Speech. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that there is a principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable

5–4 DECISION

Thurgood Marshall

Marshall voted for Johnson

William J. Brennan, Jr.

Brennan voted for Johnson

Byron R. White

White voted against Johson

Harry A. Blackmun

Blackmun voted for Johnson

William H. Rehnquist

Rehnquist voted against Johnson

John Paul Stevens

Stevens voted against Johnson

Sandra Day O'Connor

O'Connor voted against Johnson

Antonin Scalia

Scalia voted for Johnson

Anthony M. Kennedy

Kennedy voted for Johnson

So What? Every one has there five principals from the 1st amendment freedom of speech, religion, press etc.... Just don't abuse your powers or you could get in trouble.

Bibliography: *"Texas v. Johnson." Oyez, 3 Feb. 2019, www.oyez.org/cases/1988/88-155. *"Texas v. Johnson." Cornell, 3 Feb. 2019, www.law.cornell.edu/supremecourt/text/491/397. *"Texas v. Johnson." Landmark, 3 Feb. 2019, http://landmarkcases.org/en/landmark/cases/texas_v_johnson. *Texas v. Johnson." uscourts, 3 Feb. 2019, www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks/texas-v-johnson-podcast. *www.britannica.com/event/Texas-v-Johnson *www.cnn.com/2017/04/20/politics/tbt-texas-v-johnson/index.html * www.youtube.com/watch?v=KUe3ZrSZcFg *www.youtube.com/watch?v=DxRCvNM3yts