USA HISTORY

Detailed explanation-1: -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.

Detailed explanation-2: -The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment. DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only.

Detailed explanation-3: -Johnson, 491 U.S. 397 (1989) The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag. During a political demonstration in Dallas, Texas, Gregory ("Joey") Johnson gained possession of an American flag.

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: -Stromberg v. California was the first case to include “symbolic speech” or “expressive conduct” under First Amendment protections for freedom of speech.