Politics - Texas v. Johnson, the Supreme Court case about Flag Burning
The phrase "Symbolic expression" is usually used to explain expressions that are mixed with elements of behavior. Symbolic expression (or expressive behavior) can be protected by the First Amendment, according to The Supreme Court that has made it clear in a series of cases. Many of these cases have been highly controversial, but none has probably been so, more than Texas v. Johnson (1990) overturning the conviction of a man who expressed his utter displeasure with United States policies by burning an American flag.
During the Dallas Republican National Convention in 1984, Dallas Texas, respondent Gregory Johnson took part in a political manifestation to protest against certain Dallas-based corporations and the policies of administration of Ronald Reagan. The situation tensed when Gregory Johnson burned an American flag while protesters chanted after a march through streets of the city. Although none of the people present at the scene were neither injured physically nor threatened with injury, yet the flag burning seriously offended most of the witnesses.
The Conviction
On this act, Gregory Johnson was convicted of violation of a respected object in defiance of a Texas statute. The State Court of Appeals affirmed the convicting. Conversely, the Texas Court of Criminal Appeals reversed the convicting and held that the State could not punish Gregory Johnson for burning the flag, in consistence with the First Amendment, in the then prevalent circumstances. The court initially found the burning of the flag as an indicative demeanor of Gregory Johnson protected by the First Amendment, and then concluded that the flag desecration could not be criminally sanctioned by the State with the purpose of preserving the flag as a sign of national unanimity. The court also upheld that the statute did not meet the objective of preventing infringements of the peace...
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