Texas v. Johnson

The Court held that burning the American flag in protest is protected symbolic speech.

Overview

Gregory Lee Johnson burned a flag outside the 1984 Republican National Convention in Dallas and was convicted under a Texas law protecting venerated objects. Justice Brennan, for a 5-4 majority, held that flag burning is expressive conduct, and that the government may not prohibit expression merely because society finds the underlying idea offensive; the bedrock principle is that government cannot forbid ideas because they are disagreeable. Johnson triggered national outrage, failed constitutional amendment attempts, and a federal Flag Protection Act invalidated the next year. The case stands as a First Amendment landmark protecting dissent, however provocative.