Texas v Johnson (1989)

Definition

Texas v Johnson was a landmark Supreme Court case that addressed the issue of symbolic speech and the First Amendment. The case arose when Gregory Lee Johnson burned an American flag as a form of political protest, leading to his arrest under Texas law. The Supreme Court ultimately ruled that burning the flag was a form of free expression protected by the First Amendment, highlighting the importance of protecting even controversial forms of speech in a democratic society.

5 Must Know Facts For Your Next Test

1. The Supreme Court's decision in Texas v Johnson was delivered in a 5-4 ruling on June 21, 1989.
2. The ruling emphasized that the government cannot prohibit speech simply because it is offensive or disagreeable to some people.
3. The Court's majority opinion stated that the act of burning the flag was intended to convey a political message, thus qualifying as symbolic speech.
4. The case reaffirmed the importance of protecting individual rights against government censorship, even in cases that may provoke public outrage.
5. Following the decision, there were attempts to pass a constitutional amendment to prohibit flag desecration, but these efforts have not succeeded.

Review Questions

• What were the main arguments presented by both sides in Texas v Johnson and how did they relate to the First Amendment?
  • In Texas v Johnson, Gregory Lee Johnson argued that burning the American flag was a form of symbolic speech protected by the First Amendment. He contended that his actions were intended as a political protest against government policies. Conversely, the state of Texas argued that flag desecration was an act that could undermine respect for national symbols. Ultimately, the Supreme Court sided with Johnson, emphasizing that even controversial expressions must be protected under free speech rights.
• Discuss how Texas v Johnson impacted future interpretations of free speech and symbolic speech rights in the United States.
  • The ruling in Texas v Johnson significantly shaped future interpretations of free speech by affirming that symbolic speech is protected under the First Amendment. This case set a precedent for evaluating other forms of expression, emphasizing that governmental restrictions on speech must be scrutinized closely. The decision underscored the principle that freedom of expression includes acts that may be unpopular or provoke controversy, reinforcing protections for various forms of political dissent.
• Evaluate the implications of Texas v Johnson on legislative efforts to restrict flag desecration and public sentiment regarding free expression.
  • Texas v Johnson has had profound implications on legislative efforts concerning flag desecration. Despite widespread public support for prohibiting flag burning after the decision, attempts to pass a constitutional amendment have consistently failed. This highlights the ongoing tension between public sentiment favoring respect for national symbols and the constitutional protections afforded to free expression. The case serves as a reminder of the challenges lawmakers face when navigating issues surrounding individual rights and societal values.

Related terms

First Amendment:

The First Amendment to the United States Constitution protects several fundamental rights, including freedom of speech, press, assembly, and religion.

Symbolic Speech:

Symbolic speech refers to actions that purposefully convey a particular message or statement to those viewing it, often protected under the First Amendment.

Content Neutrality:

The principle that laws regulating speech must not favor one viewpoint over another, requiring that government restrictions on speech are applied equally regardless of content.