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Texas v. Johnson - Significance, Flag Burning: Protected Expression Or Desecration?, Further Readings

Petitioner

State of Texas

Respondent

Gregory Lee Johnson

Petitioner's Claim

That the Texas statute against "desecration of venerated objects," in this instance burning an American flag, did not violate Gregory Lee Johnson's constitutional rights.

Chief Lawyer for Petitioner

Kathi Alyce Drew

Chief Lawyer for Respondent

William M. Kunstler

Justices for the Court

Harry A. Blackmun, William J. Brennan, Jr. (writing for the Court), Anthony M. Kennedy, Thurgood Marshall, Antonin Scalia

Justices Dissenting

Sandra Day O'Connor, William H. Rehnquist, John Paul Stevens, Byron R. White

Place

Washington, D.C.

Date of Decision

21 June 1989

Decision

The Texas statute was declared unconstitutional.

Related Cases

  • Stromberg v. California, 283 U.S. 359 (1931).
  • United States v. O'Brien, 391 U.S. 367 (1968).
  • United States v. Eichman, 496 U.S. 310 (1990).

Sources

West's Encyclopedia of American Law. Minneapolis/St. Paul, MN: West Publishing, 1998.

Additional Topics

Texas v. Johnson - Further Readings

Texas v. Johnson - Significance

No matter how unpopular it is to burn an American flag, the First Amendment protects that and other forms of political expression and symbolic speech. Gregory Lee Johnson, nicknamed "Joey," was a fervent supporter of an American communist movement known as the Revolutionary Communist Youth Brigade. When the Republican National Convention met in Dallas, Texas in 1984, Johnson decided to participate…

Texas v. Johnson - Flag Burning: Protected Expression Or Desecration?

Political reaction quickly mounted to the Supreme Court's Texas v. Johnson decision and the striking down of the Flag Protection Act of 1989. The burning of an American flag had become a valid gesture of expressive freedom. A constitutional amendment prohibiting the desecration of the U.S. flag was introduced in Congress in 1995, and reintroduced again in 1997. Amendment proponents led by the Citi…

United States v. Eichman - Significance, Court Declares Federal Flag Protection Act Unconstitutional, Further Readings [next] [back] The West Memphis Three Trials: 1994 - The Confession Of Jessie Misskelley, The Trial Of Damien Echols And Jason Baldwin, Appeals Fail

User Comments Add a comment…

9 months ago

anna h

what was the main question of the case?

what is the significance of the case on our society?

9 months ago

jessenia m

why did he burn the flag?