Johnson V. Johnson Case Study

During the Republican national convention was taking place in Dallas in 1984 where Gregory Lee Johnston participated in a political demonstration of which an american flag was burned as a sign of symbolic language. He was then charged on a Texas criminal statute that forbids the desecration of venerated objects that included but not excluded to monuments,places of worship or burial, or a state or national flag “in a way that would offend one or more persons likely to observe or discover his action”. This lead to him being convicted and sentenced to a year's time in prison along with a fine of two thousand dollars. However, this was not the ned as he appealed this case to the supreme court as he felt that it was well with his rights to burn a flag as the first amendment protects him. …show more content…
the state of Texas Johnson’s argument of the symbolic nature of the flag burning is protected by the first amendment which states that any making of laws that go against the “establishment of religion, free exercise of religion, abridging the freedom of speech…” This law protects citizens of the United States from being allowed to say what they want whenever they want however, this law does not protect from the consequences that may come with this use of free speech as in uses in places such as schools, and in the military are not protected by this law. Johnson’s point of his symbolic language being protected by this aforementioned law is controversial because this law does not directly state that what is meant by this language is also protected. In this same sense it could be argued that he is not being punished for what he tried to show with his demonstration but rather for the actual act that he took part in. Therefore,the legal prosecution against Johnson is rather justified as he did break the law of desecration of the symbolic objects, figures, buildings, etc by burning the american flag in a place where witnesses could be