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Texas V. Johnson

            
             Gregory Lee Johnson was found guilty of violating Texas state law by burning the American flag at the Republican national convention in Dallas, Texas. The state sentenced Johnson to one year in prison and a fine of $2000. Johnson argued that the right to burn the American flag was protected under the right to free speech in the First Amendment. Johnson appealed the conviction to the Court of Appeals for the Fifth District in Dallas. The court upheld the conviction made by the state, and the sentence given to Johnson remained. Johnson then appealed to the Texas Court of Criminal Appeals and they reversed the decision of the district court and dismissed the charges. The state of Texas then appealed to the Untied States Supreme Court, and the Supreme Court upheld the decision of the Texas Court of Criminal Appeals. The Supreme Court decided that Johnson was protected under the first Amendment and the charges were dismissed.
             The majority opinion stated that the First Amendment protects not only spoken words but protects acts of speech. These acts of conduct are done to express and idea and are therefore considered free speech. At the time of Johnson's burning of the flag he was clearly expressing elements of communication. At trial, Johnson stated that the reason for his flag burning: "The flag was burned as Ronal Regan was being re-nominated as President. And a more powerful statement of symbolic speech, whether you agree with it or not, couldn't have been made at that time." The Supreme Court decided that this action was an expression of an idea and not an act of aggression to provoke violence. Therefore since it was an act of speech, Johnson was protected by the First Amendment and his conviction was in violation of the Constitution.
             The dissenting members of the court said that the flag is a sacred part of America. Congress set forth laws on the specific design and construction of the flag.


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