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Texas Vs Johnson Case Brief Summary

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Texas v. Johnson, 491 U.S. 397, 1989
Procedural Background:
Gregory Johnson appealed his conviction to the Court of Appeals and lost. Johnsons then proceeded to appeal his case to the Texas Court of Criminal Appeals and they reversed the decision and the case was sent to the Supreme Court. The Supreme Court viewed the case and overturned Johnson’s conviction.
Facts:
The defendant, Gregory Lee Johnson, took part in a demonstration that took place at the Republican National Convention in Texas in 1984. During a time in this nonviolent demonstration Johnson was given an American flag which he set on fire. Nobody was injured while the flag was burning, but Johnson was convicted of destroying a respected object. Johnson appealed his conviction and the Courts of Appeals for the Fifth District of Texas and lost. He then proceeded to take his case to the Texas Court of Criminal Appeals and his conviction was overturned. The court contended that Johnson could not be punished for his exercising his right to free speech (the First Amendment). In 1989, the Supreme Court took the case and with a 5-4 vote affirmed the Texas Court of …show more content…
When it came to the flag falling under a protected symbol of the nation it was determined that it should not be singled out from national objects like the Constitution in the case that the one protected object or destruction of the object should result in being criminalized. Determining whether the First Amendment extended in order to protect speech act it was determined that the First Amendment equally protects conduct that is expressive and non-verbal. When establishing if the burning of a flag is protected free speech it was decided that flag burning is a type of expressive conduct and hence it was protected under the First Amendment’s right to free

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