Constitutional Law II Midterm 1- Texas v. Johnson

Conclusion:

5-4 DECISION MAJORITY OPINION BY WILLIAM J. BRENNAN, JR. In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

Facts:

In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.

Question:

Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?

Argument (Petitioner: Texas):

The First Amendment is not absolute, and expressive conduct demands less constitutional protection than pure speech. The Texas flag desecration statute advances two substantial interests: (1) protection of the flag as an important symbol of nationhood and unity, and (2) prevention of a breach of the peace. The Texas law is a valid "time, place, and manner" restriction on demonstrations.

Arguments (Respondent: Johnson)

The Texas statute is a viewpoint-based restriction on political expression because the state seeks to protect one view—that the flag is a symbol of nationhood and national unity. Because the state law singles out conduct that will "seriously offend one or more persons," the statute violates the First Amendment's prohibition on content-based discrimination. Johnson peacefully burned the flag in an obvious act of political expression that merits First Amendment protection.