Texas v.s. Johnson
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Facts of the case
George Johnson was a member of the Revolutionary Communist Youth Bridge protesting in Dallas and when he got to the Dallas City Hall Johnson set the american flag on fire. Johnson was then arrested for vandalizing respected objects.
Lower Court Verdict
He then appealed his convection to the Fifth Court of Appeals of Texas but lost. Then went to the Texan Court of Criminal Appeals and they as a state couldn't convict him because its was against his freedom of speech.witch then lead him to his last court the Supreme Court
Petition before the Supreme Court
The defendant believed its was a symbol of free speech and Texas cannot set guide lines to what messages can be associated with that symbol.
The plaintiff Texas believed that burning the american was destruction of a respected object.
Relief Sought
The plaintiff wanted justice against Johnson for burning the flag and wanted to make the burning of american flag illegal even though it is protected under symbolic speech.
Majority Decision
The majority vote was for Johnson and burning the American flag is symbolic speech and didn't cause violence. The date for the majority decision was 1989. Marshall, Blackmun, Scalia,Kennedy, and William Brennan where the justice that voted with the majority.
William Brennan wrote the majority decision for the Texas vs Johnson case.
Majority Opinion
Kennedy wrote a concurrent opinion with Brennan and Kennedy believes that under the constitution Johnson has the right to burn the flag but also believes that the flag should not be burnt because of the American he is and how degrading it is to burn the American flag.
Dissenting opinion
William h Rehnquist, John Paul Steven,White,and O'Connor wrote the dissenting opinion.
There dissenting opinion was they believed the American flag meant more to the us then the right of freedom of speech and the flag should be protected and it made a law that you can't burn the American flag .There where no concurrent opinions.
Texas v.s. Johnson case stays the same and hasn't altered or changed the Constitution or any Amendments
The importance of this case is that your freedom of speech is protected under the first amendment and symbolic speech like burring of the American Flag is also protected under this amendment.