In 1984, Gregory Lee Johnson participated in a political protest during the Republican National Convention held in Dallas, Texas. During this demonstration, he burned an American flag to express his dissent against the policies of the Reagan administration. Following this act, Johnson was arrested and charged with violating a Texas statute that prohibited the desecration of the flag. The case, Texas v. Johnson, subsequently made its way through the lower courts before reaching the U.S. Supreme Court. The central question revolved around whether Johnson's actions were protected under the First Amendment as free speech.

On June 21, 1989, the Supreme Court delivered a landmark decision in a narrow 5-4 ruling that upheld Johnson's right to burn the flag. The majority opinion, delivered by Justice William Brennan, stated that the government's interest in preserving the flag as a symbol of national unity did not justify restricting free expression. The Court reasoned that the First Amendment protects not just popular speech but also speech that may provoke, offend, or disturb, highlighting the vibrancy of democratic discourse.

This ruling had significant implications for the interpretation of free speech in the United States. The decision affirmed that expression through actions, in this case, flag-burning, is protected under the First Amendment, a principle that continues to evoke debates about the limits and meaning of free speech in American society. The aftermath of the ruling sparked widespread responses, with some advocating for a constitutional amendment to prohibit flag desecration, reflecting the contentious emotional ties individuals have with the national symbol.