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Texas Vs Johnson Case Study

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Texas v. Johnson
Supreme Court of the Unites States, 1989
491 U.S. 397.
Facts: During the 1984 Republican National Convention, Gregory Lee Johnson burned an American flag to protest the policies of the Regan Administration and certain Dallas-based corporations while protesters chanted "America, the red, white, and blue, we spit on you." Although no one was physically harmed or threatened, many bystanders were deeply offended by the demonstration. He was arrested and convicted of violating a Texas statute that prevented the desecration of a venerated object if the action were expected to rouse anger in others. He was sentenced to one year in prison and fined $2,000. The Court of Appeals for the Fifth District of Texas affirmed the conviction; however, the Texas Court of Criminal Appeals reversed it stating he could not be punished for his actions of obvious political nature in this circumstance. The case then went to the Supreme Court to …show more content…
Ruling: Yes.
Reasons: The state justified Johnson’s conviction by asserting two interests: preserving the flag as a symbol of national unity and preventing breaches of peace; however, the Texas Court of Criminal Appeals stated neither interest supported the conviction in this circumstance. The first interest suppresses expression and does not justify Johnson’s criminal conviction. The second interest was also unsupported because his actions did not threaten to disturb the peace.
Justice Brennan delivered the opinion of the court with Marshall, Blackmun, Scalia, and Kennedy JJ. Their reasoning referenced many cases including

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