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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 ...
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. [1] Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document.
Texas v. Johnson (1989) redefined the scope of fighting words to "a direct personal insult or an invitation to exchange fisticuffs" in juxtapose to flag burning as symbolic speech. [6] In R.A.V. v. City of St. Paul (1992) and Virginia v. Black (2003), the Court held that cross burning is not 'fighting words' without intent to intimidate. In ...
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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.
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.
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." [162]