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Speech & Press

Texas v. Johnson

Decided: 1989

In brief

Held that burning the American flag as protest is protected symbolic speech.

The Court's ruling in depth

Gregory Lee Johnson burned an American flag outside the 1984 Republican National Convention and was convicted under a Texas flag-desecration statute. The Court reversed 5–4, holding that flag burning is expressive conduct protected by the First Amendment. Justice Brennan wrote: 'If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.' Congressional efforts to overturn Johnson by statute and constitutional amendment have failed.

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