Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law; a conviction which questions ones guaranteed First Amendment, constitutional rights. Johnson's involvement in a political demonstration in Dallas, lead him to express his political concerns with the nations leaders and governmental policies. The State of Texas' conviction of Johnson was carried out due to Johnson's conduct, a physically expressive act, rather than a written or spoken one and based on two criteria: a responsibility to preserve the integrity of the flag representing the strength, pride and unity of our nation and whether Johnson's actions threatened societal order and peace. The Supreme Court viewed Johnson's form of political expression did not cause societal disorder or disrupt the peace. There were no violent outbreaks, either verbal or physical, from members of Johnson's protest, or other citizens, who may view flag burning as a distasteful and ungrateful. However, the State of Texas has already acknowledged this fact. The State ruled that regardless of the lack of evidence that Johnson's actions have threatened societal order and public peace, on account there were no such occurrences, flag burning has the potential to do so. The State has concluded that flag burning could: first, stir up people's emotions enough, possibly resulting in intense public arguments, violent physical disputes, or riots, and second, serves as an invitation for others to take political protests .
to the next level, which could be dangerous.
The States decision bought up two questions, is flag burning as a form of political protest an agreeable method of practicing ones First Amendment rights, or an attempt to persuade others to take the act beyond the rights of citizens to more serious and dangerously, harmful, acts of protest?, and does the State have the right to claim that Johnson's conduct had the potential or indented to cause a violent encounter with passionate opposition to flag burning, even if .
I am talking about flag desecration, and the considered amendment to, as its supporters say, "protect" the flag. ... One must also consider the sort that desecrates the American flag. ... Veterans fought for America, freedom, and liberty. ... And further, so what if flag desecration becomes illegal? ... Passing this amendment will increase incidents of flag desecration. ...
Flag burning, or any other physical desecration of the American flag: no matter what side of the issue people fall upon, the very concept sparks strong emotions. On the one hand are those who regard burning the American flag as a form of blasphemy - a sin against "civil religion" in America tantamount a sin against an established church. That the flag is regarded as a mystical, almost religious symbol is made manifest by the use of the quasi-religious term of "desecration" in legislative attempts to protect the flag. You cannot realistically desecrate a purely secular and neutral object. ...
Burning the American Flag is a slap in the face Thousands of men and women have died for the idea that the United States of America flag stands for. ... Burning the flag is a way of destroying the symbol of everything this country fought for since the American Revolution. No American has the right to burn the flag. ... The issue of whether or not the desecration of the flag should be legal or not has been up in the air for many years. ... The only message that the burning or desecrating of the flag puts out is anger. ...
Flag. ... The Supreme Court, you see, considers burning the American Flag an act which is protected by the first amendment right to free speech. The only way Congress could make such anti-flag-desecration laws pass constitutional muster is to amend the very document that protects our rights. ... The constitutional amendment, as proposed, simply read, "Congress shall have power to prohibit the physical desecration of the flag of the United States." ... "Is flag desecration a special category of speech, clearly more hateful than other brands of offensive expression?" ...
Of the approximate one hundred demonstrators, Johnson alone was charged with a crime, the desecration of a venerated object in violation of the Texas Penal Code. ... Also the court must take into consideration as to whether the Texas law of preventing breaches of speech justifies Johnson's conviction for desecrating the flag. ... The flag has occupied the position as the symbol of our Nation for more the two hundred years; moreover, to desecrate such a symbol without punishment would be unjust. ... The court declined to create an exception for flag burning. ... Not all Americans share the...
Johnson 491 U.S. 397 (1989) Facts: The defendant, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas Law. ... Reason for Decision: The court concluded that the state could not criminally convict anyone of flag desecration in order to preserve the American flag as a symbol of national unity and pride. ... The Justices believed that the American flag that represents liberty and equality should be worthy of protection from unnecessary desecration. Personal Comment: In my opinion I don't believe that the burning of the American flag should be a violation ...
The flag has become more than just a piece of cloth that is waved all across America. ... For some years there were no written laws about the flag desecration because it has been and will proceed to be an extremely controversial issue. ... Shall we force every residence to proudly display an American flag" (Hanna)? ... The American flag exemplifies everything that is just and good in our country. ... By honoring our flag, we honor our American heritage and we honor the men and women who have defended us and our freedoms as Americans" (Emerson). ...
During the demonstration, Johnson burned an American flag, and Dallas police arrested him. 4. ... Johnson was arrested and subsequently convicted under a Texas law that made it a criminal activity to desecrate a "respected" object, including a state or a national flag. ... Johnson was free to make any verbal denunciation of the flag that he wished, indeed, he was free to burn the flag in private. ... The American flag is a visible symbol embodying our Nation; it does not represent a political idea or philosophy, nor is it just another symbol. ... President Bush immediately condemned it and...
