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 .
What did the U.S. Supreme Court decide in Texas v Johnson quizlet?
The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. ... In an appeal, Johnson argued that burning the American flag was symbolic speech and protected by the First Amendment . 4. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment.
What did Texas argue in Texas v Johnson?
Johnson appealed his conviction and his case eventually went to the Supreme Court. Johnson argued that the Texas flag desecration statute violated the First Amendment , which says “Congress shall make no law... ... Burning a U.S. flag in protest was expressive conduct protected by the First Amendment.
Was Texas v Johnson affirmed or reversed?
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.
Was there a dissenting opinion in Texas vs Johnson?
Accordingly, the Court majority affirmed the judgment of the Texas Court of Criminal Appeals. Justice Stevens also dissented with the majority arguing that the case had nothing to do with Johnson’s political opinions .
Why is Texas v Johnson important?
Johnson, 491 U.S. 397 (1989), 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.
Who won the case of Texas v Johnson?
Decision: The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson . The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment.
Is US flag burning illegal?
Over time, 48 of the 50 U.S. states also enacted similar flag protection laws. ... In 1990, the Supreme Court reaffirmed Johnson by the same 5–4 majority in United States v. Eichman declaring that flag burning was constitutionally protected free speech .
Is hate speech protected by the First Amendment?
While “hate speech” is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected free speech under the First Amendment . ... In a Supreme Court case on the issue, Matal v.
Is obscenity protected by the First Amendment?
Obscenity is not protected under First Amendment rights to free speech , and violations of federal obscenity laws are criminal offenses. ... (For more information, see Citizen’s Guide to Federal Law on Obscenity). Obscenity Law and Minors. Federal law strictly prohibits the distribution of obscene matter to minors.
Why is burning the flag disrespectful?
Flag burning is the destruction of a symbol of national unity . ... Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.
What was the vote in Texas v Johnson?
Texas v. Johnson, legal case in which the U.S. Supreme Court ruled (5–4) on June 21, 1989, that the burning of the U.S. flag is a protected form of speech under the First Amendment to the U.S. Constitution .
Why is it OK to burn the American flag?
Johnson, the court ruled that the First Amendment protects burning the flag because the act falls within “expressive conduct .” The case started when the defendant, Gregory Johnson, burned the flag to protest the policies of then-President Ronald Reagan.
What test was used in Texas v Johnson?
In another flag case, Texas v. Johnson (1989), the Court quoted the language from the Spence decision . The result seemed to elevate the language in Spence to a more formal two-part test.
Why are certain freedoms of speech not protected by the 1st Amendment?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct , speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...
What is the punishment for burning the American flag?
(a) read as follows: “Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both .”
