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 oc...

State Of Texas Vs. Johnson (1989)

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