Texas v. Johnson
Facts: In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.
Issue: Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?
Decision: In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature.
Precedent: The Court's decision invalidated laws in force in 48 of the 50 states (the laws of making flag burning illegal)
