What happened in the Texas v Johnson case?
Facts and Case Summary – Texas v. Johnson Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989). Flag burning constitutes symbolic speech that is protected by the First Amendment. Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas.
Why was Robert Johnson not charged for burning the Texas flag?
On appeal to the Texas Court of Criminal Appeals the court overturned his conviction, saying that the State could not punish Johnson for burning the flag because the First Amendment protects such activity as symbolic speech.
Why was William Johnson charged with desecration?
He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were „symbolic speech“ protected by the First Amendment.
What happened to John Johnson?
Johnson was convicted, but the Texas Court of Criminal Appeals overturned his conviction. Texas then appealed to the Supreme Court.
What happened to George Johnson for burning the Texas flag?
Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a State Court of Appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances.
Does Texas‘ interest in preserving the American flag justify Johnson’s conviction?
Texas‘ interest in preserving the flag as a symbol of nationhood and national unity is related to expression in this case and, thus, falls outside the O’Brien test. Pp. 406-410. (c) The latter interest does not justify Johnson’s conviction.
Why was Johnson charged with vandalism in Texas?
Johnson was charged with violating the Texas law that prohibits vandalizing respected objects (desecration of a venerated object). He was convicted, sentenced to one year in prison, and fined $2,000.