Texas V Johnson Case Brief
Vanessa Pettengill
February 25, 2015
Professor Frederick W. ODell
Case Brief
Case: Texas v. Johnson Citation: 491 U.S. 397 Year: 1989
Facts:
While the Republican National Convention was taking place in Dallas, Texas in 1984, Gregory Lee Johnson was the only one out of 100 protestors arrested for desecration of a venerated object, charged with violating the Texas Penal Code Ann 42.09(a)(3)(1989). He publicly burned an American Flag as a means of political protest. The purpose of the demonstration was to protest President Ronald Reagan and his administration, certain Dallas based corporations. On several occasions within the rally, others involved spray painted walls and buildings, overturned plants, but it was only the act of the flag burning that initiated arrest. As a matter of fact, Johnson even lead the march, engaged in “die-in” demonstrations to protest nuclear weapons, and shouted various slogans during the march, of which he was not arrested for, just simply because some citizens felt offended over the burning of the flag, there was an arrest made. Johnson was subsequently convicted and sent to one year in prison, and fined $2,000. The Court of Appeals for the 5th District of Texas at Dallas affirmed the conviction, but the Texas Court of Criminal Appeals reversed, holding that the “State could not, consistent with the First Amendment, punish Johnson for burning the flag in these circumstances”.
Legal Question:
Whether Johnson’s burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment of the United States Constitution, and whether the state’s interest in preserving the flag as a symbol of nationhood justifies his conviction?
Holding:
Johnson’s conviction is not consistent with violating the First Amendment by the act of burning the United States of America’s flag. He is protected under the freedom of speech clause in the constitution.
Court’s Reasoning:
Johnson was convicted of flag desecration for burning
February 25, 2015
Professor Frederick W. ODell
Case Brief
Case: Texas v. Johnson Citation: 491 U.S. 397 Year: 1989
Facts:
While the Republican National Convention was taking place in Dallas, Texas in 1984, Gregory Lee Johnson was the only one out of 100 protestors arrested for desecration of a venerated object, charged with violating the Texas Penal Code Ann 42.09(a)(3)(1989). He publicly burned an American Flag as a means of political protest. The purpose of the demonstration was to protest President Ronald Reagan and his administration, certain Dallas based corporations. On several occasions within the rally, others involved spray painted walls and buildings, overturned plants, but it was only the act of the flag burning that initiated arrest. As a matter of fact, Johnson even lead the march, engaged in “die-in” demonstrations to protest nuclear weapons, and shouted various slogans during the march, of which he was not arrested for, just simply because some citizens felt offended over the burning of the flag, there was an arrest made. Johnson was subsequently convicted and sent to one year in prison, and fined $2,000. The Court of Appeals for the 5th District of Texas at Dallas affirmed the conviction, but the Texas Court of Criminal Appeals reversed, holding that the “State could not, consistent with the First Amendment, punish Johnson for burning the flag in these circumstances”.
Legal Question:
Whether Johnson’s burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment of the United States Constitution, and whether the state’s interest in preserving the flag as a symbol of nationhood justifies his conviction?
Holding:
Johnson’s conviction is not consistent with violating the First Amendment by the act of burning the United States of America’s flag. He is protected under the freedom of speech clause in the constitution.
Court’s Reasoning:
Johnson was convicted of flag desecration for burning