Sidney Vermaas

TEXAS V. JOHNSON

GEORGIA PERFORMANCE STANDARD

• SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.

BACKGROUND INFORMATION

• In 1984 the Republican National Convention was held in Dallas, Texas. Gregory Lee Johnson was part of a demonstration where he and his group were protesting against nuclear weapons. Johnson was carrying an American Flag, and when he reached the Dallas City Hall, he poured kerosene on the flag and set it on fire. Johnson was later arrested and charged with vandalizing a respected object. He was convicted and sentenced to one year in prison and a fine of $2,000.

DECISION

• Johnson appealed his case to Texas Court of Criminal Appeals. The court ruled that the first amendment protected the freedom of speech including that of symbolic speech. The court stated that the government cannot “carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol….”

SIGNIFICANCE

• The legacy of Texas v Johnson was to demonstrate the First Amendment protection of forms of political expression, extends even to those as unpopular and provocative as burning the national flag.

"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. . . ." —Justice William Brennan, speaking for the majority