Controversial Issues In The Texas V. Johnson Case

Introduction

Texas v. Johnson was heard before SCOTUS on June 21, 1989. The two parties involved are Protester Gregory Lee Johnson vs. the State of Texas. In 1989, the U.S. Supreme Court was asked to review the constitutionality of a Texas statute prohibiting the desecration of certain venerated objects, including state and national flags in the case of Texas v. Johnson. The Supreme Court ruled that the burning of the flag is symbolic speech protected by the Free Speech Clause and the statue was strike down. The Free Speech Clause is of the First Amendment to the U.S. Constitution and the First Amendment to the Constitution of the United States “protects rights related to the freedom of expression, freedom to exercise, religion, freedom of the press, and freedom to assemble".[ See Lawbrain, (2011, March 3). Texas v. Johnson. Retrieved from Para 1. http://lawbrain.com/wiki/Texas_v._Johnson

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What was the controversy in the case? In 1984, the National convention for the Republican Party

Johnson case. While some people understood the reason behind Johnson burning the American flag, many others are offended and sicken by it. The Court’s ruling in this case was compared to other rulings pertaining to the First Amendment protection of freedom of speech and political expression. There is a timeline of flag desecration issues not directly dealing with the burning of the flag, but pertaining to other ways the American flag had been disrespected. Since the ruling of this case in 1989, the law that “banned flag burning” went away from all 50 states. One year later, United States v. Eichman was decided by the court as the Flag Protection Act of 1989 that would have protected the American flag from desecration. However, the Court ruled it’s unconstitutional to punish persons for flag burning while protesting in political events.[ United States v. Eichman, 496 U.S. 310