Texas V. Johnson

In Dallas, Texas in 1984, Gregory Lee Johnson was arrested after setting an American flag on fire as a part of a political protest against Reagan administration policies on the basis that Texas has a law banning flag desecration. He got sentenced to one year in jail and had to pay a $2,000 fine for his actions. The Texas Court of Criminal Appeals reversed the decision, stating that he was a part of a olitical demonstration and therefore was protected by the first amendment. After going to the Texas Court of Criminal Appeals, the case went to the Supreme Court.

Oral Argument

The oral argument was presented by Kathi Alyce Drew, in favor of Johnson. She argued that the buring was protected symbolic speech and was protected by the Constitutional 1st Amendment. Therefore the Texas law did not apply to this particular situation and Johnson couldn't legally be sentenced and fined. She brought into question why Texas even had laws regarding flag burning and why they took so much interest in this particular issue. She said that while the states might see the flag as a symbol of the nation's unity and will pass laws to preserve that symbol, Johnson wasn't trying to sever the unity of the country, he was trying to make a point at a protest that he was attending

The Court's Decision

The Supreme Court Ruled, in a 5-to-4 decision, that Johnson's actions were part of a peaceful protest and were protected under the First Amendment of the United States Constitution. His actions were expressive conduct, and the offense that people watching him felt towards his burning the flag does not justify the limitations of symbolic speech. The government can't limit speech simply because society finds it offensive or disagreeable.

My Opinion

Johnson's actions are, without a doubt, constitutionally protected free speech. It's not like he was going around and being violent towards other people. If anything, the state of Texas was lucky that all Johnson wanted to do was burn a flag. The government has much more important things to worry about instead of worrying over a burnt piece of fabric. Sure, the flag is a symbol of our country, but so is the bald eagle and he wasn't searching for a bald eagle to kill, he just burned a flag. All he was trying to do is get a point across by burning a symbol of something that he didn't agree with. There is nothing wring with that.


Make a free website Webnode