Gregory Johnson Case

Improved Essays
1. Name of Case
Texas v. Johnson 491 U.S. 397, 109 S.CT. 2533 (1989)

2. Facts of Case
Gregory Johnson joined a protest in Dallas, Texas during the 1984 Republican Convention. During the protest Johnson burned a flag as others chanted. Johnson was prosecuted for flag desecration that violated a state statute. The Texas Court of Criminal Appeals reversed Johnson’s conviction, and held that flag burning was an expression of speech. Texas appealed to the Supreme Court (O’Brien 702).

3. Questions of the Court
Is flag burning protected by the First Amendment?

4. Holding
Yes. The decision was 5-4 in favor of Gregory Johnson

5. Opinions of the Court
Justice Brennan delivered the Opinion of the Court. Gregory Johnson was prosecuted for burning
…show more content…
Barry (1988) reminds the Court that this violation is content based. Boos denied a law that banned offensive signs five hundred feet from an embassy. The government cannot censor content it does not like. Johnson was arrested because the content of his expression was disliked. Texas does not wish to have the flag as a symbol of anything. The flag is supposed to be a symbol of “nationhood” and “unity” (O’Brien 705). In Texas, treats the flag poorly than they are violating the statute. Government may not ban expression because it may be offensive. The First Amendment was ratified for that reason. In Street v. New York (1969) the Court ruled a person cannot be punished for yelling hateful words at the flag. No precedent exists to ban Johnson’s actions. Texas attempted to distinguish between offensive flag behavior and destruction of the flag. Nowhere in the Constitution or case law is a special exception made for the American Flag. The best way to prevent flag burning is convince people like Johnson that it is wrong. Johnson did not disrupt the peace, and protecting the flags symbolism does not justify a conviction (O’Brien …show more content…
For 200 years the flag has been a special emblem of the United States. The flag is special enough to constitute a ban on burning. In 1931 the “star spangle banner” became the national anthem. In 1949, Flag Day was created on June 14th. Congress recognized the pledge of allegiance. Until 1967, states had been in charge of creating statutes. Now, Title 18 U.S.C punishes flag desecration. Congress also gave multiple rules for the style of flag and location of the flags placement. All states but Alaska and Wyoming have statutes banning flag burning. The flag does not symbolize anyone political parties view. The flag is held sacred by millions of Americans. The First Amendment does not annul 48 states statutes and an Act of Congress banning flag burning. Flag burning is not a crucial part of expressing any ideas. Johnson could have disavowed the flag or burned it in private. Johnson was able to shout, “Ronald Reagan, killer of the hour, perfect example of U.S. power,” and “red white and blue we spit on you…” (O’Brien 708). None of those statements got Johnson arrested. Burning the flag is what lead to Johnson’s arrest. Flag burning is antagonistic and not expressive (O’Brien 707-708).

Justice Stevens also dissented. The Court is simply wrong is stating Johnson’s actions fall under the First Amendment. Had Johnson spray painted or desecrated the Lincoln Memorial there would be no doubt the government

Related Documents

  • Decent Essays

    The tone of Texas V. Johnson is a more strict tone and serious. Starting with ¨We decline, …¨ makes it sound as a decrease and make the rest of the passes more important as if it was being declared as a new law. But in the fact that it is not it still shows great importance. By including the First Amendment in the passes it showed the importance of the argument. By not having any personal opinion gave it a show of facts and truth.…

    • 413 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Comparative Rhetorical Analysis Controversy arose about whether or not the Confederate flag is a racist symbol or not in 2015 because of many reasons. One significant event that occurred on November 9,2015 was the resignation Tim Wolfe, th president of the University of Missouri. Previously Missouri University student Jonathan Butler decided to go on strike until the University became more equal. Butler states, “ Students are not able to achieve their full potential because of the inequalities and obstacles they face”. This incident is one of many that occurred in 2015.…

    • 869 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Court found that Virginia's statute against cross burning is unconstitutional. Similar to the Church, the defendants were expressing their belief. Lastly, in the Texas vs. Johnson case, Gregory Lee Johnson burned an American flag in a act of protest against President Reagan. After being fined $2000, and being sentenced to a year in jail the case went to the Supreme Court. The Court ruled that the act of burning a flag was protected expression under the First…

    • 668 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Case The Supreme Court has dealt with a variety of cases concerning human rights. A particular case that has sparked large controversy in American society is the Walker (TDMV) vs Texas Division Sons of Confederate Veterans case. Unlike previous cases, this case was different in were the decision reached by the court not only impacted those individual involved in the case, but also individuals that were not involved. Difference in opinion over the Confederate flag has made people second guess what it actually symbolizes.…

    • 1061 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The reason that the court couldn’t do anything was that it was the First Amendment. It was wrong that Johnson burnt the flag and that it means freedom and symbolizes unity and to do this it means that Johnson wouldn’t have cared that people died serving in the army. Even if he would have known that he is still disrespected to the men and the families that lost them. He should have thought of an…

    • 493 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    The First Amendment should not defend flag desecration because the flag is venerated. Also burning a flag is an action of behavior not an act of speech. Since most disapprove of flag burning, the government should have a right to ban it (Whitman). While using flag-burning as a way to express anger towards the government, it is very controversial whether it is right or wrong. Some may believe that the First amendment should protect this action, however some believe that the burning the flag should be handled differently and not protected because it is offensive.…

    • 165 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In his essay, Protecting Freedom of Expression on the Campus (69 - 71), Derek Bok examines just how disruptive a confederate flag can be in a college campus as it has symbolic connections to slavery. Bok 's thesis is that such form of an expression can be offensive, however, this is not enough to prohibit such form of communication due to its First Amendment rights. Bok makes an adequate argument because he assesses the offensive nature of this act as well as the harm that is derived from censorship by mainly providing persuasive notions. Although Derek Bok makes a strong case behind his support of the First Amendment rights, the essay nevertheless conveys various weaknesses.…

    • 1007 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Confederate Flag Controversy On July 9, 2015 a bill was presented to the House of Representatives asking that the use of the confederate battle flag be discontinued due to the fact that it represents only pain, torture, humiliation, and racial oppression (Congressional Bills and Votes 2013). This bill was presented in the wake of the Emmanuel 9 shooting in Charleston, South Carolina. Our elected officials along with some American citizens are calling for knee-jerk legislation instead of taking time to get to the root of the real issue at hand. This type of legislation will only cause more tension and divide amongst the American people, when we need to be coming together as a nation. Seeking to destroy our history by removing it from sight…

    • 997 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The editorial says “… what is the harm in insisting upon a modicum of respect for it?” to contrast about the flag meaning to most citizens in the United States. The editorial also talks about the First Amendment in the Bill of Rights to further express the Johnson’s action about the burning of the flag by saying his action were his freedom to do so. The Texas vs Johnson Majority Opinion and the editorial about the case similarly explains about the case of Johnson, on the contrary their tone of situation is different from each other. The Texas vs Johnson Majority Opinion’s tone was more analytical, however, the editorial’s tone was a thoughtful and…

    • 288 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The tone in Texas v. Johnson and the tone in American Flag Stands for Tolerance are different because of the context they are written in. The tone in Texas v. Johnson is a very formal tone used to convince the public that their ruling is the correct one. Many examples of this are presented across the story. One example of this is “We”, this shows that the decision they made was one of unity and was made together.…

    • 543 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    But, to start our, there are no criminal penalties for certain acts of desecration against the Flag. There used to be contained in Title 18 of the United States Code prior to 1989. Until the Supreme Court decided, in Texas v. Johnson; June 21, 1989, that the statute was unconstitutional. Now all penalties are for up for the State’s decision. The statute was amended when the Flag Protection Act of 1989, October 28, 1989, imposed a fine and/or up to one year in prison for knowingly mutilating, physically defiling, defacing, or trampling upon any flag of the United States.…

    • 673 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Taking down the Confederate flag on government grounds isn’t the only issue surrounding the flag but also the banning of the flag in public spaces. Schools are battling the display of the flag on vehicles and articles of clothing. In the Virginia high school of Christiansburg more than 20 students were suspended after they refused to remove cloths that had the Confederate flag on it. There suspension came shortly after a new district policy banning any Confederate symbol from the school, rear windows of vehicles and on mini flagpoles on trucks in the parking lot. The frustrated students held a rally with their supporters outside the school asking them to repeal the new policy, saying that they wore the cloths not out of hate but as the marginalized group that believes the flag is Southern history.…

    • 1637 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    It is so big and high, like how we are supposed to respect it. My own personal opinion, burning flag was supposed to be for our enemy only, because it symbolizes the destruction of a great nation. To see that our own citizens burn the flag, it is a whole different story. It is ignorant and disrespectful. It is very important to remember that prohibiting flag burning does not take away your freedom of expression.…

    • 575 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In Texas v. Johnson it spoke about both sides of this argument, Texas’ and Johnson’s. In today’s world, we have people peacefully protesting then it goes bad, or gets violent, some where the flag has been burned. To possibly stop things from getting violent, outlaw burning the flag, it may help.…

    • 127 Words
    • 1 Pages
    Improved Essays