Is burning the American flag protected speech?
That question reached the U.S. Supreme Court in Texas v. Johnson, a 1989 case that became one of the country’s most important decisions on free speech and the First Amendment.
What happened in Texas v. Johnson?
In 1984, Gregory Lee Johnson participated in a political protest during the Republican National Convention in Dallas, Texas.
At the end of the protest, Johnson burned an American flag outside Dallas City Hall.
No one was physically injured, but several people who witnessed the flag burning said they were seriously offended.
Texas had a law making it a crime to desecrate certain respected objects, including the American flag. Johnson was arrested, convicted, sentenced to one year in jail and fined $2,000.
He challenged his conviction, arguing that burning the flag during a political protest was a form of expression protected by the First Amendment.
What did the Supreme Court decide?
The Supreme Court agreed with Johnson in a 5–4 decision.
The Court determined that Johnson’s flag burning was expressive conduct. In other words, even though he wasn’t simply standing there giving a speech, his actions were clearly communicating a political message.
Because of that, the First Amendment applied.
The government could not punish Johnson simply because people found his message offensive.
Why did Texas v. Johnson matter?
Texas v. Johnson reinforced something important about free speech in America: the First Amendment doesn’t only protect ideas that are popular, comfortable or respectful.
It can also protect expression that makes people angry or uncomfortable.
And speech doesn’t always require words.
An action can sometimes communicate a message clearly enough to receive First Amendment protection.
How does Texas v. Johnson affect us today?
You can see that principle in modern debates over protests and symbolic expression.
Signs, clothing, kneeling and other symbolic acts can sometimes be forms of expression protected by the First Amendment.
That doesn’t mean every action taken during a protest is automatically protected. Laws can still apply depending on what someone does and the circumstances.
But Texas v. Johnson established an important line: the government generally cannot prohibit political expression simply because the message itself is offensive.
More than three decades later, the case remains a powerful example of just how far America’s protection of free expression can reach.
Because every law has a history. And some of the biggest changes in America started with one person willing to challenge it.
Sources
- U.S. Supreme Court, Texas v. Johnson, 491 U.S. 397 (1989)
- U.S. Constitution, First Amendment
- Supreme Court of the United States, Texas v. Johnson majority opinion, Justice William J. Brennan Jr.
- Texas Penal Code § 42.09, Desecration of Venerated Object, as applied in Johnson’s case
- Texas Court of Criminal Appeals, Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988)