Is Texas v. Johnson still relevant today?
Asked by: Stella Durgan | Last update: January 27, 2026Score: 4.3/5 (71 votes)
Yes, Texas v. Johnson (1989) remains highly relevant today as a cornerstone First Amendment precedent, affirming that flag burning is protected symbolic speech, though the issue remains controversial and periodically surfaces, as seen with recent executive actions challenging the ruling. The core principle—that the government can't ban expression just because it's offensive—is continuously debated and upheld in legal discussions, influencing how symbolic acts of protest are viewed in American democracy.
How does Texas v. Johnson affect us today?
The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.
What is the significance of Texas v. Johnson?
Time magazine described Texas v. Johnson as one of the best Supreme Court decisions since 1960, with legal scholars since stating that "Freedom of speech applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, burning crosses, and the like."
Did Johnson go to jail for burning the flag?
Johnson was eventually convicted under Texas' flag desecration law, which prohibited anyone from intentionally or knowingly desecrating a flag in a way they knew would seriously offend someone else. He was sentenced to a year in jail and fined $2,000.
What did Texas v. Johnson invalidate?
Johnson, 491 U.S. 397 (1989) The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag.
Can You Burn An American Flag? | Texas v. Johnson
What's the punishment for burning the American flag?
§ 700. Desecration of the flag of the United States; penalties 713. "(a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
What was the main reason the Texas Court of Criminal Appeals reversed Johnson's conviction for flag desecration?
The Texas Court of Criminal Appeals reversed Gregory Lee Johnson's conviction, ruling that burning the flag was symbolic speech protected by the First Amendment, as the state couldn't mandate feelings of national unity or prohibit offensive political expression, even concerning the flag. They found that Johnson's actions didn't incite a breach of peace and the state's interest in preserving the flag as a symbol didn't justify criminalizing this political expression.
Is it illegal to burn the American flag in Texas?
“In Texas v. Johnson, 491 U.S. 397 (1989), the Supreme Court struck down on First Amendment grounds a Texas flag-desecration law. The 5-4 decision has served as the center point of a continuing debate regarding the value of free speech as exercised through the burning of the U.S. flag as a form of political protest.”
What law was Johnson accused of violating?
The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove Edwin Stanton from the position of Secretary of War and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim.
What are the fighting words in Texas v. Johnson?
Johnson (1989), the Supreme Court redefined the scope of the fighting words doctrine to mean words that are "a direct personal insult or an invitation to exchange fisticuffs." There, the Court held that the burning of a United States flag, which was considered symbolic speech, did not constitute fighting words.
Why is the First Amendment important evidence?
The First Amendment restricts government censorship, not rules set by private companies or employers. That means private platforms, employers, or TV networks can set their own rules about what employees or users can say, as long as those rules are made free from government interference or pressure.
What did the Supreme Court rule in Johnson v. United States?
In the significant 2015 case, Johnson v. United States, the Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act (ACCA) was unconstitutionally vague, violating the Due Process Clause of the Fifth Amendment because it failed to provide fair notice of what conduct qualified as a violent felony, leading to arbitrary enforcement by judges. This meant a mandatory sentence enhancement under the ACCA could not be applied based on this ambiguous clause.
How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
In reaction to the Johnson decision, which only applied to the Texas flag-desecration law, Congress passed a national anti-flag burning law called the Flag Protection Act of 1989.
Why is Texas v. Johnson significant?
The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment.
What are some alternatives to burning a flag?
Lastly, WikiHow states that you also have the option to respectfully bury the flag. You should fold the flag in the ceremonial triangle, place in a strong wooden box, and bury a few feet in the ground. Similar to burning the flag, make sure to handle it with care and consider its meaning as you bury it.
What impact did the case have on flag burning?
The Supreme Court addressed flag burning in the 1989 case of Texas v. Johnson. A 5-4 majority held that states cannot enact blanket bans on flag desecration because, under some circumstances, flag burning is a form of symbolic speech protected by the First Amendment.
What amendment did Texas v. Johnson violate?
Summary. In Texas v. Johnson, a divided Supreme Court held that burning the flag was protected expression under the First Amendment.
How did Johnson affect American history?
Johnson's civil rights legacy was shaped by the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Civil Rights Act of 1968. Due to his domestic agenda, Johnson's presidency marked the peak of modern American liberalism in the 20th century.
What does burning the flag symbolize?
Flag desecration may be undertaken for a variety of reasons. It may be a protest against a country's foreign policy, including one's own, or the nature of the government in power there. It may be a protest against nationalism or a deliberate and symbolic insult to the people of the country represented by the flag.
Can you go to jail for burning the American flag?
No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech.
What can you not burn in Texas?
(2) PROHIBITED MATERIALS: Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must NOT be burned.
What are the 5 American flag rules?
Five key American flag rules include displaying it from sunrise to sunset (or illuminated at night), ensuring it never touches the ground or anything beneath it, not using it as clothing or for advertising, keeping it clean and undamaged, and always allowing it to fly freely with the union (stars) in the upper left.
What was Johnson's punishment for burning the flag?
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine.
What is the proper way to dispose of a U.S. flag?
According to the resolution, "The approved method of disposing of unserviceable flags has long been that they be destroyed by burning." The U.S. flag is considered such a sacred symbol that burning it in an undignified manner constitutes desecration.
When did burning the flag become illegal?
Johnson decision rendered flag-burning laws in forty-eight states unconstitutional. However, because flag desecration is such an emotionally charged issue, state and federal officials persisted in trying to outlaw it. Congress passed the Flag Protection Act of 1989 in response to the court's Texas v.