In 1984, Gregory Lee Johnson burned an American flag in front of Dallas City Hall as a protest. He was convicted of desecrating a respected object under Texas law and sentenced to prison. However, the Texas Court of Criminal Appeals overturned the conviction, finding that burning the flag was protected speech under the First Amendment. The state of Texas appealed to the Supreme Court. In 1989, the Supreme Court ruled 5-4 that flag burning constituted expressive conduct protected by the First Amendment. This case established that flag burning is a form of protected free speech.

1. Case of Texas v. Johnson
Michael Peto
11/22/14
Political Science

2. Case of Texas v. Johnson
● Gregory Lee Johnson burned the American flag in front of
the Dallas City Hall in 1984.
● He was convicted in court, sentenced to prison for a year
and was also fined $2000 for violating a Texas law that
forbids desecrating respected objects.
● He went to the Texas Court of Criminal Appeals; however,
they could not charge him for his actions against the flag,
because it would refuse the right for Freedom of speech
mentioned in the First Amendment.
● The state of Texas then asked the Supreme Court to hear
Johnson's case, and in 1989 the decision was made to
take his case.

3. Case of Texas v. Johnson
● The justices on this case were Brennan, Marshall, Blackmun,
Scalia, Kennedy, Rehnquist, White, Stevens, and O'Connor.
● The question of this case was whether or not burning the flag
was a form of speech that was protected under the First
Amendment of the constitution.
● Ms. Drew, who was representing for the state of Texas, is the
one who presented Gregory Lee Johnson's case to Chief
Justice William H. Rehnquist.
● Ms. Drew stated that Johnson should be convicted of two
offenses, preservation of the flag as a symbol of nationhood
and national unity, and the preservation of the breach of peace.

4. Case of Texas v. Johnson
● Ms. Drew and the state of Texas believed that by burning the
flag, the act overpowered the First Amendment rights of
anybody.
● They also believed that overtime in desecrating the flag, it could
possibly lose its symbolic effect.
● On the other side, it was well pointed out that it has just the
opposite effect. Although it is being desecrated, there is no
reason why it should lose its symbolic effect on the country and
its people. In fact, it could become more of a symbol for the
country.
● Both sides had very well rounded arguments, and Ms. Drew
said that every individual has their own rights, but Texas just
wanted to keep the physical integrity of the flag and for people
to respect the flag.

5. Case of Texas v. Johnson
● Mr. Kunstler, Johnson's lawyer, gave good points about if someone
doesn't salute, it becomes disrespectful. However, they don't get fined
and go to prison.
● After an hour of intriguing arguments, the court judges come to a
decision of believing the First Amendment protects Johnson for
freedom of speech by burning the flag.
● A 5 to 4 vote with Brennan, who wrote the majority vote, freed
Johnson of all charges including the preservation of the breach of
peace.
● This case has rewritten the way Americans think about burning the
flag, and has allowed us to respect it even more.

6. American Flags burning in Ohio on Flag Day, because it is
believed to be the most respectful way to dispose of old
retired flags.

7. American Flag burning on Memorial Day to honor veterans that risked
their lives for this country.

8. http://www.oyez.org/cases/1980-
1989/1988/1988_88_155#sort=seniority