Supreme Court Protects Flag-Burning as Protest

June 21st, 1989

June 21st, 1989

Supreme Court Protects Flag-Burning as Protest
How Long Ago?

35 years, 8 months, 22 days ago

Location

Dallas, Texas, United States

Category

Politics & Government

People
  • Justice William Brennan
  • Gregory Lee Johnson
  • Chief Justice William Rehnquist
Links & References
Tags

Supreme Court Protects Flag-Burning as Protest

The U.S. Supreme Court ruled in Texas v. Johnson that flag-burning constitutes a form of political protest protected under the First Amendment. The case arose when Gregory Lee Johnson burned an American flag during a protest at the 1984 Republican National Convention in Dallas, Texas. Charged with flag desecration under Texas law, Johnson argued his act was symbolic speech. The Supreme Court's ruling emphasized the importance of protecting free speech, even when it involves highly controversial expressions.

Case centered on political expression through flag burning.

Supreme Court ruled 5-4 in favor of free speech.

Majority opinion emphasized protecting controversial speech.

The ruling continues to influence free speech debates.

What Happened?

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.

Why Does it Matter?

The Supreme Court's ruling in Texas v. Johnson remains a pivotal moment in the ongoing conversation about free speech in America. It established that political expression, even in forms that many might find distasteful, is fundamental to the fabric of democratic society. The decision serves as an enduring declaration of the country's commitment to protecting diverse and sometimes provocative expressions of dissent, underscoring the complexity of balancing national pride with individual rights.

Discover More Historic Events from June 21st

Accidents & Tragedies

Migrants' boat capsizes in Indian Ocean

June 21st, 2012 12 years ago

A boat carrying over 200 migrants capsized in the Indian Ocean, between Java and Christmas Island, resulting in 17 confirmed fatalities and 70 individuals missing. The overcrowded vessel was attempting to reach Australian shores, sparking discussions about refugee policies and maritime safety. Survivors reported perilous conditions on board, emphasizing the risks taken by migrants seeking better lives.

Continue Reading
Accidents & Tragedies

Fokker F27 Friendship Crash in Indonesia

June 21st, 2012 12 years ago

An Indonesian Air Force Fokker F27 Friendship aircraft crashed near Halim Perdanakusuma International Airport, resulting in the loss of 11 lives. The incident occurred during a training flight, reportedly due to bad weather conditions. Rescuers reached the crash site, only to confirm the tragic outcome. Eyewitnesses noted the aircraft's struggle before the crash.

Continue Reading
Politics & Government

Greenland Gains Greater Self-Governance Power

June 21st, 2009 15 years ago

Greenland's self-rule act was officially enacted, transferring significant powers from Denmark to Greenlandic authorities. This milestone enabled local governance in various areas such as natural resources, education, and fisheries, thereby enhancing Greenland's autonomy. Prominent figures, including Greenland's then-Prime Minister Hans Enoksen, celebrated the agreement, which had been a long-standing ambition of the Greenlandic people. This rollout marked an important chapter in Greenland's political landscape, empowering its residents to have a greater say in their own governance and future.

Continue Reading
Accidents & Tragedies

Fatal Yeti Airlines Twin Otter Crash in Nepal

June 21st, 2006 18 years ago

A Yeti Airlines de Havilland Canada DHC-6 Twin Otter crashed at Jumla Airport in Nepal, resulting in the deaths of nine individuals aboard. The aircraft, a popular choice for regional flights in mountainous areas, was making its approach to the airport when it encountered adverse weather conditions. Difficult terrain and limited visibility contributed to the mishap, highlighting the challenges faced by pilots operating in Nepal's rugged landscape.

Continue Reading
Space Exploration

Pluto's Moons Nix and Hydra Are Named

June 21st, 2006 18 years ago

NASA announced the official names of two newly discovered moons of Pluto: Nix and Hydra. The names were chosen through a public poll conducted by the space agency, highlighting the playful and mythological attributes of the celestial bodies. Nix, named after the Greek goddess of night, and Hydra, named after the multi-headed serpent from mythology, reflect the character of Pluto's intriguing system within our solar system. The announcement added excitement as it furthered understanding of Pluto's complex nature.

Continue Reading
Crime & Law

Edgar Ray Killen Convicted of Manslaughter

June 21st, 2005 19 years ago

Edgar Ray Killen was convicted of manslaughter for his involvement in the 1964 murders of civil rights workers James Chaney, Andrew Goodman, and Mickey Schwerner. This landmark conviction came after the case was reopened in 2004, drawing national attention to the historical racial violence in Mississippi. Killen, a former Ku Klux Klan leader, had previously been tried twice in the 1960s but was acquitted both times. The jury deliberated for only 40 minutes before reaching a guilty verdict, reflecting the changing attitudes towards civil rights and justice over the decades.

Continue Reading