Texas v. Johnson

5-4 vote, June 21, 1989


Outside the Republican National Convention in Dallas, a protest of Ronald Reagan's policies had been organized, during which a United States flag was burned. Johnson, the man responsible for the flag burning, was arrested under Texas law, which made the desecration of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and a two thousand dollar fine. Texas reasoned that the police were preventing the breach of peace that would be erupt due to the flag burning, and preserving the integrity of the flag as a symbol of national unity. Johnson's conviction was overturned by the Supreme Court of Texas, which ruled that this mode of self-expression was protected under the First Amendment to the Constitution. The Supreme Court upheld this ruling, stating the flag burning was "expressive conduct" because it was an attempt to "convey a particularized message."

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