Texas v. Johnson
491 U.S. 397 (1989)
📄 Read the Actual Opinion
U.S. Reports opinion (PDF) →📋 Summary of the Opinion
Gregory Lee Johnson burned an American flag during a political protest at the 1984 Republican National Convention in Dallas. He was convicted under a Texas law banning flag desecration. The Supreme Court struck down the law, ruling that flag burning is protected symbolic speech under the First Amendment.
⚖️ Why It Mattered
This was a landmark affirmation of free speech, holding that the government cannot prohibit expression simply because it is offensive or unpopular.
✅ What It Provided or Took Away
✅ Provided:
Strong protection for symbolic political expression.
❌ Took Away:
States’ power to criminalize flag desecration as a form of protest.
🤔 Overreach or Proper Role?
The Court acted firmly within its duty to protect free expression, even in cases involving deeply offensive conduct.
💡 Plain-English Impact Today
Burning the American flag in protest is legal. The government cannot punish someone for expressing dissent through symbolic acts, no matter how controversial.