Texas v. Johnson (1989)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Gregory Lee Johnson burned an American flag during a political protest at the 1984 Republican National Convention in Dallas. He was convicted under a Texas law banning flag desecration. The Supreme Court struck down the law, ruling that flag burning is protected symbolic speech under the First Amendment.

3) Why It Mattered
This was a landmark affirmation of free speech, holding that the government cannot prohibit expression simply because it is offensive or unpopular.

4) What It Provided or Took Away

• Provided: Strong protection for symbolic political expression.
• Took Away: States’ power to criminalize flag desecration as a form of protest.

5) Overreach or Proper Role?
The Court acted firmly within its duty to protect free expression, even in cases involving deeply offensive conduct.

6) Plain-English Impact Today
Burning the American flag in protest is legal. The government cannot punish someone for expressing dissent through symbolic acts, no matter how controversial.

• First Amendment
• Free Speech
• Symbolic Speech
• Flag Burning
• Individual Rights