# data[].attributes.body
Petitioner: Texas

Respondent: Gregory Lee Johnson

# data[].attributes.body
It was a 5-4 decision that flag burning was underneath the protection of the first amendment.

# data[].attributes.body
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag.

Johnson was tried and convicted under a Texas law outlawing flag desecration.

After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.

Johnson burned the flag to protest the policies of President Ronald Reagan.

# data[].attributes.attachment_link.readable_text
Facts

Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with 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. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case.

Issue

Whether flag burning constitutes "symbolic speech" protected by the First Amendment.

Ruling

Yes.

Reasoning
(5-4)

The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. The majority noted that freedom of speech protects actions that society may find very offensive, but society's outrage alone is not justification for suppressing free speech.

In particular, the majority noted that the Texas law discriminated upon viewpoint, i.e., although the law punished actions, such as flag burning, that might arouse anger in others, it specifically exempted from prosecution actions that were respectful of venerated objects, e.g., burning and burying a worn-out flag. The majority said that the government could not discriminate in this manner based solely upon viewpoint.

Dissent

Justice Stevens

Writing for the dissent, Justice Stevens argued that the flag's unique status as a symbol of national unity outweighed "symbolic speech" concerns, and thus, the government could lawfully prohibit flag burning.

DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.

# data[].attributes.attachment_link.title
Facts and Case Summary - Texas v. Johnson

# data[].attributes.attachment_link.description
Facts Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to protest the policies of President Ronald Reagan.