Texas v. Johnson

Background

Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the United States Supreme Court that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. The case arose from a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where Gregory Lee Johnson burned an American flag as a form of protest against the policies of the Reagan administration. Johnson was convicted under a Texas statute that prohibited the desecration of a venerated object, including the American flag, if such action was likely to incite anger in others.

Legal Context

The legal question at the heart of Texas v. Johnson was whether flag burning constitutes "symbolic speech" protected by the First Amendment. The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and restricting an