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Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
A history of U.S. laws banning flag burning and other forms of flag desecration, from 1897 to the proposed Flag Desecration Amendment. On Language: Desecration. Column in the New York Times (July 31, 2005) by William Safire on the use of the word desecration in the proposed amendment. Cracking the Flag-Burning Amendment; A Brief History of Flag ...
Amends the federal criminal code to revise provisions regarding desecration of the flag to prohibit: (1) destroying or damaging a U.S. flag with the primary purpose and intent to incite or produce imminent violence or a breach of the peace; (2) intentionally threatening or intimidating any person, or group of persons, by burning a U.S. flag; or ...
In extreme cases, such as the burning of the flag, the Supreme Court has ruled, twice, that desecrating the nation’s flag is protected expression by the First Amendment. In the first case, Texas v.
Punishing flag burning or most forms of disagreeable speech sets a dangerous precedent by suggesting that expressions deemed unpatriotic or in disagreement with those in power can be met with ...
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(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled. (b) As used in this section, the term "flag of the United States" means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.
Gregory Lee "Joey" Johnson (born 1956) is an American political activist, known for his advocacy of flag desecration. [1] [2] His burning of the flag of the United States in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, led to his role as defendant in the landmark United States Supreme Court case Texas v.