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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 Reagan administration's policies. After a march, he burned an American flag while protesters chanted slogans. Although several witnesses were offended, no one was physically harmed or threatened. Johnson was charged with desecration of a venerated object under Texas law, convicted, and sentenced to one year in prison and a $2,000 fine. The conviction was affirmed by the Court of Appeals but later reversed by the Texas Court of Criminal Appeals.

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.

This case presents the question whether his conviction is consistent with the First Amendment.

Rule

The First Amendment protects expressive conduct, and the government cannot prohibit expression simply because it is offensive or disagreeable. The state must demonstrate a compelling interest unrelated to the suppression of expression to justify restrictions on such conduct.

The Court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment.

Analysis

The Supreme Court found that Johnson's act of burning the flag was expressive conduct, as it was part of a political demonstration intended to convey a message. The Court held that the state's interests in preventing breaches of peace and preserving the flag's symbolic value were insufficient to justify the conviction. The Court emphasized that the government cannot assume that offensive expression will incite violence and that the flag's special status does not exempt it from First Amendment protections.

The Court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity.

Conclusion

The Supreme Court affirmed the Texas Court of Criminal Appeals' decision, concluding that Johnson's conviction for flag desecration was unconstitutional under the First Amendment.

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

Who won?

Gregory Lee Johnson prevailed in the case because the Supreme Court ruled that his act of burning the flag was protected expressive conduct under the First Amendment.

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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