Maliyah's Projects

[maliyahwashere]

Texas v Johnson Case

Part 1: background

Where and when? In 1984, in front of the Dallas City Hall

What happened? In a political demonstration during the Republican National Convention in Texas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire. He was part of a group protesting the policies of the Reagan Administration and of certain corporations based in Dallas. No one was hurt or threatened with injury, but some witnesses said they were seriously offended. Johnson was charged and convicted with the desecration of a venerated object, in violation of the Texas Penal Code. In a split decision, the U.S. Supreme Court determined that Johnson’s actions were symbolic speech protected by the First Amendment.

Who was involved in this case? Chief Justice William Rehnquist Associate Justices William J. Brennan Jr. · Byron White Thurgood Marshall · Harry Blackmun John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy

How & why was it brought to the Supreme Court?Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case

Part 2: The Supreme Court 

What was the supreme court’s ruling regarding on the texas vs johnson case? The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment

The main arguments in the case: In an appeal, Johnson argued that burning the American flag was symbolic speech and protected by the First Amendment. The Texas appeals court agreed and overturned his conviction.Texas argued that the state was seeking to prevent breaches of the peace and to preserve the flag as “a symbol of nationhood and national unity,” but the Court rejected the application of the “fighting words” doctrine and the governmental interest in protecting a symbol.Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. ... A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment

Why is texas vs johnson a landmark case? The Supreme Court struck down on First Amendment grounds a Texas flag desecration law. The 5-4 decision has served as the center point of a continuing debate regarding the value of free speech as exercised through the burning of the U.S. flag as a form of political protest.

Part 3: What do I think?

Did the supreme court make the right decision? Yes they did make the right decision because they understand that burning the flag is symbolic speech even if that speech is offensive to anyone, they’re willing to listen to that speech.

What do you feel should be changed? I think nothing about this case should be changed. 

Which side would you voted for majority or minority opinion? the majority side