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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.
The question of whether flag burning should be banned would become a matter for the legislature to decide, rather than the courts. Proponents of legislation to proscribe flag burning argue that burning the flag is a very offensive gesture that deserves to be outlawed.
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.
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 ...
Johnson, which rejected the prosecution of Gregory Lee Johnson for burning a U.S. flag during the 1984 Republican National Convention in Dallas. They also include Scalia, who joined that opinion ...
A 1989 U.S. Supreme Court ruling upheld a protestor's right to burn the American flag, but President-elect Trump might want to change that.
In common usage, the phrase "flag burning" refers only to burning a flag as an act of protest. However, the United States Flag Code states that "the flag, when it is in such condition that it is no longer a fitting emblem for display (for example, the flag being faded or torn), should be destroyed in a dignified way, preferably by burning." [158]
United States v. Eichman, 496 U.S. 310 (1990), was a United States Supreme Court case that by a 5–4 decision invalidated a federal law against flag desecration as a violation of free speech under the First Amendment. [1]