Gregory Johnson Case

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In 1984, Gregory Lee Johnson participated in a demonstration at the Republican National Convention held in Dallas, Texas. He was engaged in a protest for polices of the Reagan Administration. Through the streets, the demonstrators chanted and protested. Johnson was handed an American flag between all the ranting. As he reached Dallas City Hall, Johnson set the flag on fire. When the flag burned, he was quickly arrested. Johnson was charged with violating a Texas law that prevented the desecration of a venerated object. This action of destroying the flag which is considered to be respected sentenced him to one year in prison, and $2,000 in fine. In response to the fine, Johnson appealed to the Court of Appeals for the Fifth District of Texas but lost. Then he took his case to the Texas Court of Criminal Appeals where his conviction was overturned. The State couldn’t punish Johnson under the First Amendment. The case was then taken to the Supreme Court. …show more content…
Johnson argued that the 1st amendment was particularly crafted to protect unpopular speech. The First Amendment says “Congress shall make no law…abridging the freedom of speech…or the right of the people peaceably to assemble, and to petition the government for a redness of grievances.” Since the 1st amendment guarantees freedom of expression and the right to petition, it agrees with his argument. Johnson demonstrated his deep distress over the nation’s policies. Flag burning is viewed as a form of symbolic speech. The state of Texas argued the preservation of the flag as a symbol of nationhood and national unity and also the preservation of a breach of the peace. They said burning of the flag as a means of expressions is not protected under the 1st amendment. Through Texas’ view, though the First Amendment does protect symbolic speech, there should be an exception to prohibit burning of the