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Texas v. Johnson, 491 U.S. 397, 109 S.Ct. 2533, 105 L.Ed.2d 342, 57 USLW 4770

Facts

During the 1984 Republican National Convention in Dallas, Texas, Gregory Lee Johnson participated in a political demonstration protesting the policies of the Reagan administration. As part of the demonstration, he burned an American flag while chanting slogans with other protesters. Johnson was convicted of desecration of a venerated object under Texas law. The Texas Court of Criminal Appeals reversed his conviction, stating that his act was protected by the First Amendment as expressive conduct.

After publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law.

Issue

Whether Johnson's conviction for flag desecration is consistent with the First Amendment.

Whether Johnson's conviction for flag desecration is consistent with the First Amendment.

Rule

The First Amendment protects expressive conduct, which is conduct that is intended to convey a particular message and is likely to be understood by those who view it. The government may not prohibit expression simply because it is offensive or disagreeable, and any law restricting expressive conduct must be justified by a substantial governmental interest that is unrelated to the suppression of free expression.

The First Amendment literally forbids the abridgment only of 'speech,' but we have long recognized that its protection does not end at the spoken or written word.

Analysis

Johnson's act of burning the flag was deemed expressive conduct, as it was part of a political demonstration intended to convey a message of dissent against government policies. The State's interests in preventing breaches of the peace and preserving the flag's symbolic value were found to be insufficient to justify the conviction, as no actual breach of peace occurred, and the law was deemed content-based, targeting the message conveyed by Johnson's actions.

The State's position, therefore, amounts to a claim that an audience that takes serious offense at particular expression is necessarily likely to disturb the peace and that the expression may be prohibited on this basis.

Conclusion

The Supreme Court affirmed the Texas Court of Criminal Appeals' decision, holding that Johnson's conviction for flag desecration was inconsistent with the First Amendment.

Held: Johnson's conviction for flag desecration is inconsistent with the First Amendment.

Who won?

Gregory Lee Johnson prevailed in this case as the Supreme Court ruled in his favor, affirming that his act of burning the American flag was protected under the First Amendment. The Court emphasized that the government cannot restrict expression simply because it is offensive or because it may provoke a negative reaction from some members of the public. The ruling underscored the importance of protecting political dissent and the expressive nature of conduct, particularly in the context of political protests.

Johnson was not, we add, prosecuted for the expression of just any idea; he was prosecuted for his expression of dissatisfaction with the policies of this country, expression situated at the core of our First Amendment values.

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