American Government Court Case

1. Sidney Vermaas
TEXAS V. JOHNSON

2. GEORGIA PERFORMANCE STANDARD
• SSCG16 The student will demonstrate knowledge of
the operation of the federal judiciary.

3. BACKGROUND INFORMATION
• In 1984 the Republican National Convention was held in Dallas, Texas.
Gregory Lee Johnson was part of a demonstration where he and his group
were protesting against nuclear weapons. Johnson was carrying an
American Flag, and when he reached the Dallas City Hall, he poured
kerosene on the flag and set it on fire. Johnson was later arrested and
charged with vandalizing a respected object. He was convicted and
sentenced to one year in prison and a fine of $2,000.

4. DECISION
• Johnson appealed his case to Texas Court of Criminal Appeals. The court
ruled that the first amendment protected the freedom of speech including that
of symbolic speech. The court stated that the government cannot “carve out
a symbol of unity and prescribe a set of approved messages to be
associated with that symbol….”

5. SIGNIFICANCE
• The legacy of Texas v Johnson was to demonstrate the First Amendment
protection of forms of political expression, extends even to those as
unpopular and provocative as burning the national flag.

6. "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. . . ." —
Justice William Brennan, speaking for
the majority