Texas vs Johnson (1989)
Facts: Gregory Lee Johnson burned an American flag to protest the policies of the Reagan Administration. He believed it was an act of our First Amendment as it represented Freedom of Speech. Johnson was charged with vandalizing a respected object which is a crime in Texas. Johnson was fined $2,000 and sentenced one year in prison.
Issue: Is burning the American flag a form of Freedom of Speech?
Holding: (Vote: 5 to 4) Yes, the Court found that burning the flag was actually protected under the First Amendment.
Majority Reasoning: (Justice Brennan)
Rule: The government has a freer hand in restricting expressive conduct than it has in restricting the written or spoken word. It may not proscribe particular conduct because
Facts: Gregory Lee Johnson burned an American flag to protest the policies of the Reagan Administration. He believed it was an act of our First Amendment as it represented Freedom of Speech. Johnson was charged with vandalizing a respected object which is a crime in Texas. Johnson was fined $2,000 and sentenced one year in prison.
Issue: Is burning the American flag a form of Freedom of Speech?
Holding: (Vote: 5 to 4) Yes, the Court found that burning the flag was actually protected under the First Amendment.
Majority Reasoning: (Justice Brennan)
Rule: The government has a freer hand in restricting expressive conduct than it has in restricting the written or spoken word. It may not proscribe particular conduct because