Anaya Nolan
In Texas v Johnson, activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas. Johnson was initially indicted on one count of disorderly conduct, but the charge was dropped. He was then found guilty of flag desecration and fined $2,000, as well as being sentenced to one year in jail. Johnson appealed his conviction, arguing that his actions were symbolic speech protected by the First Amendment. The Texas Court of Criminal Appeals overruled his conviction, finding that Johnson's First Amendment rights had been violated. The Supreme Court later held that burning the flag was protected expression under the First Amendment.
| Characteristics | Values |
|---|---|
| Convicted for | Burning an American flag during a protest |
| Fined | $2,000 |
| Sentenced to | One year in jail |
| Law | Texas law |
| Protected under | Freedom of speech |
| Protected under | First Amendment |
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What You'll Learn
- Johnson's conviction was based on the fact that he physically mistreated the flag, knowing that it would offend onlookers
- Johnson was initially indicted on one count of disorderly conduct
- Johnson's actions were symbolic speech protected by the First Amendment
- Johnson's actions did not constitute a breach of the peace
- Johnson's flag burning was protected under the freedom of speech
Johnson's conviction was based on the fact that he physically mistreated the flag, knowing that it would offend onlookers
In Texas v Johnson, activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas. Johnson was initially indicted on one count of disorderly conduct, but the charge was eventually dropped. He was then found guilty of flag desecration and fined $2,000, as well as being sentenced to one year in jail. Johnson appealed his conviction to the Fifth Court of Appeals of Texas, but was again found criminally liable. He then appealed to the Texas Court of Criminal Appeals, which overruled his conviction, finding that Johnson's First Amendment rights had been violated. The court found that Johnson's actions were symbolic speech protected by the First Amendment, and that a government cannot mandate by fiat a feeling of unity in its citizens.
The ruling in Texas v Johnson invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states. The ruling was unpopular with the general public and lawmakers, with President George H. W. Bush calling flag burning "dead wrong".
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Johnson was initially indicted on one count of disorderly conduct
Johnson had burned an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas. He was convicted in accordance with Texas law, which stated that § 42.09 is violated only when a person physically mistreats the flag in a way that he "knows will seriously offend one or more persons likely to observe or discover his action". However, the Texas Court of Criminal Appeals overruled his conviction, finding that Johnson's First Amendment rights had been violated. The court found that Johnson's actions were symbolic speech protected by the First Amendment, writing that, "a government cannot mandate by fiat a feeling of unity in its citizens".
The Court rejected that Johnson was liable for a breach of the peace, writing that, "no disturbance of the peace actually occurred or threatened to occur because Johnson burned the flag". The Court disagreed with the state of Texas's argument that flag burning is punishable on the basis that it "tends to incite" breaches of the peace, finding that flag burning does not necessarily lead to breaches of the peace.
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Johnson's actions were symbolic speech protected by the First Amendment
Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law. However, Johnson appealed his conviction to the Fifth Court of Appeals of Texas, but was again found criminally liable. He then appealed to the Texas Court of Criminal Appeals, which overruled his conviction, finding that Johnson's First Amendment rights had been violated. The court found that Johnson's actions were symbolic speech protected by the First Amendment, writing that, "a government cannot mandate by fiat a feeling of unity in its citizens".
Justice William Brennan wrote for the five-justice majority that Johnson's flag burning was protected under the freedom of speech, and therefore the state could not censor Johnson nor punish him for his actions. The ruling invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states. The ruling was unpopular with the general public and lawmakers, with President George H. W. Bush calling flag burning "dead wrong".
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Johnson's actions did not constitute a breach of the peace
Johnson was initially indicted on one count of disorderly conduct, but the charge was eventually dropped. On December 13, 1984, a six-person jury found Johnson guilty of flag desecration, and he was subsequently sentenced to one year in jail and fined $2,000. Johnson appealed his conviction to the Fifth Court of Appeals of Texas, but was again found criminally liable. He then appealed to the Texas Court of Criminal Appeals, which overruled his conviction, finding that Johnson's First Amendment rights had been violated. The court found that Johnson's actions were symbolic speech protected by the First Amendment, writing that, "a government cannot mandate by fiat a feeling of unity in its citizens".
The First Amendment literally forbids the abridgment only of “speech,” but we have long recognised that its protection does not end at the spoken or written word. Justice William Brennan wrote for the five-justice majority that Johnson's flag burning was protected under the freedom of speech, and therefore the state could not censor Johnson nor punish him for his actions. The ruling invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states. The ruling was unpopular with the general public and lawmakers, with President George H. W. Bush calling flag burning "dead wrong".
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Johnson's flag burning was protected under the freedom of speech
The state of Texas argued that Johnson's actions violated § 42.09, which is only violated when a person physically mistreats the flag in a way that he "knows will seriously offend one or more persons likely to observe or discover his action". However, the Court disagreed, finding that flag burning does not necessarily lead to breaches of the peace. The ruling invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states. The ruling was unpopular with the general public and lawmakers, with President George H. W. Bush calling flag burning "dead wrong".
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Frequently asked questions
Johnson was convicted of violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others.
Johnson was fined $2,000 and sentenced to one year in jail.
Johnson's defence was that his flag burning was protected under the freedom of speech, and therefore the state could not censor him nor punish him for his actions.
Yes, the Texas Court of Criminal Appeals overruled his conviction, finding that Johnson's First Amendment rights had been violated.
The ruling was unpopular with the general public and lawmakers, with President George H. W. Bush calling flag burning "dead wrong".
