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Texas v. Johnson- Eric Shelton

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Created on April 12, 2021

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Transcript

Texas v. Johnson

Issue

Gregory Lee Johnson burnd an American flag in the state of Texas to protest the Regan Adminstration. He was tried and convicted under a state law that outlaws flag desecration. Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court

Is flag burning protected under the first amendment?

Summary

In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages

Impact

This Supreme Court decison established a bedrock principle, underlying the First Amendment. The Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. People can protest and exercise their freedom of speech no matter how the government of society feels about they way they are protesting.

Resources

"Texas v. Johnson." Oyez, www.oyez.org/cases/1988/88-155. Accessed 12 Apr. 2021.

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