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Gregory Lee Johnson & Dallas City Hall

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Gregory Lee Johnson was caught burning an American flag in front of Dallas City Hall for protest. Johnson was put in prison for a year and charged a $2,000 fee for burning the flag. Texas tried to sue/ charge Johnson for his action of burning the flag. Johnson argued that this violated his first amendment of freedom of petition. Dallas City Hall thought it was ethically wrong to burn the flag that represents our freedoms.

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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.

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Facts and Case Summary - Texas v. Johnson

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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.

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Burning the flag is protected by the First Amendment and is a form of symbolic speech, even though others might find this act very offensive.