State Of Texas Vs. Johnson (1989)

State of Texas vs. Johnson (1989)

Justice Viveiros delivers the opinion of the court:

Gregory Lee Johnson has been convicted of desecrating a flag
in violation of Texas law; a conviction which questions ones
guaranteed First Amendment, constitutional rights. Johnson's
involvement in a political demonstration in Dallas, lead him to
express his political concerns with the nations leaders and
governmental policies. The State of Texas' conviction of Johnson
was carried out due to Johnson's conduct, a physically expressive act,
rather than a written or spoken one and based on two criteria: a
responsibility to preserve the integrity of the flag representing the
strength, pride and unity of our nation and whether Johnson's actions
threatened societal order and peace. Both criteria, which serve as the
basis for Gregory Lee Johnson's conviction, have been explored in
depth, and this court concludes the following...

Johnson's form of political expression did not cause societal
disorder or disrupt the peace. There were no violent outbreaks, either
verbal or physical, from members of Johnson's protest, or other
citizens, who may view flag burning as a distasteful, ungrateful, slap
in the face of our nation. However, the State of Texas has already
acknowledged this fact. The State ruled that regardless of the lack of
evidence that Johnson's actions have threatened societal order and
public peace, on account there were no such occurrences, flag burning
...

State Of Texas Vs. Johnson (1989)

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