texas v. johnson
Year: 1989
Result: 5-4, favor Johnson
Related Constitutional issue/Amendment: 1st Amendment (Speech, specifically symbolic speech)
Civil rights or Civil liberties: Civil liberties
Significance/precedent: Flag burning is a protected form of symbolic speech; The Court's decision ruled a Texas law prohibiting the desecration of the flag unconstitutional. Johnson's expression was political in nature, so it was protected by the 1st Amendment despite the fact that it was offensive or disagreeable to society.
Quote from majority opinion: "If there is a bedrock 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..."
Summary of dissent: Texas law should be upheld. The flag is more than just a symbol, it is a representation of America, therefore it holds "a uniqueness that justifies a governmental prohibition against flag burning". Johnson's specific burning of the flag, not the message he was attempting to express by burning it, are what solidify his conviction
6-word summary: Flag burning: symbolic speech, constitutionally protected
Result: 5-4, favor Johnson
Related Constitutional issue/Amendment: 1st Amendment (Speech, specifically symbolic speech)
Civil rights or Civil liberties: Civil liberties
Significance/precedent: Flag burning is a protected form of symbolic speech; The Court's decision ruled a Texas law prohibiting the desecration of the flag unconstitutional. Johnson's expression was political in nature, so it was protected by the 1st Amendment despite the fact that it was offensive or disagreeable to society.
Quote from majority opinion: "If there is a bedrock 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..."
Summary of dissent: Texas law should be upheld. The flag is more than just a symbol, it is a representation of America, therefore it holds "a uniqueness that justifies a governmental prohibition against flag burning". Johnson's specific burning of the flag, not the message he was attempting to express by burning it, are what solidify his conviction
6-word summary: Flag burning: symbolic speech, constitutionally protected