USA HISTORY

Detailed explanation-1: -The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of “symbolic speech” that is protected by the First Amendment.

Detailed explanation-2: -In Texas vs Johnson, it reversed Gregory Johnson’s conviction for burning an American flag during the 1984 Republican National Convention. The Court concluded that the flag burning was “speech” and again determined that the flag desecration statute was aimed at the communicative impact of Johnson’s message.

Detailed explanation-3: -In an appeal, Johnson argued that burning the American flag was symbolic speech and protected by the First Amendment. The Texas appeals court agreed and overturned his conviction. Unsatisfied with the decision, the state of Texas, appealed the ruling to the United States Supreme Court.

Detailed explanation-4: -In Texas v. Johnson, 491 U.S. 397 (1989), the Supreme Court struck down on First Amendment grounds a Texas flag desecration law. The 5-4 decision has served as the center point of a continuing debate regarding the value of free speech as exercised through the burning of the U.S. flag as a form of political protest.

Detailed explanation-5: -The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.