{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

452Texas+v+Johnson - Texas v Johnson(1989 491 U.S 397 Facts...

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Texas v. Johnson (1989) 491 U.S. 397 Facts : During the 1984 Republican National Convention, Johnson burned an American flag as part of a political demonstration protesting Reagan’s policies. Johnson was convicted of violating a Texas statute which made it a crime for a person to “deface, damage or otherwise physically mistreat” the flag “in a way that the actors knows will seriously offend one or more persons likely to observe or discover the action.” Issue : Is the conduct of burning the American flag protected speech? Holding : In a 5-4 decision, the Court overturned the conviction. Rationale : Justice Brennan gave the opinion. The Court began by asserting that Johnson’s flag burning was conduct, which carried enough communicative elements to implicate the First Amendment. The Court flatly rejected that the statute could be upheld because of the state’s interest in preventing breaches of the peace. Brennan writes that the Government has a “freer
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '08
  • STAFF
  • First Amendment to the United States Constitution, Flag, Flag desecration, Texas v. Johnson, Flag Desecration Amendment

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern