At the 1984 Republican National Convention, Gregory Lee Johnson burned the United States flag in protest of the Reagan Administration’s policies.
Johnson was convicted of violating a Texas law banning the desecration of a venerated object, but he appealed his case all the way to the Supreme Court, arguing that his actions were protected under the First Amendment.
Is burning a flag considered speech? If so, does it merit First Amendment protection? Prof. David Forte of ClevelandMarshall College of Law explores the concepts of expressive conduct and controversial speech in Texas v. Johnson.
#law #firstamendment #freespeech
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Learn more about Prof. David Forte:
https://www.law.csuohio.edu/meetcmlaw...
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Related Links & Differing Views:
SCOTUSblog: “The Least Popular Dissent”
https://www.scotusblog.com/2010/05/th...
The First Amendment Encyclopedia: “Texas v. Johnson”
https://www.mtsu.edu/firstamendment/...
Global Freedom of Expression: “Texas v. Johnson”
https://globalfreedomofexpression.col...
Iowa Law Review: “Flag Burning and the Constitution”
https://chicagounbound.uchicago.edu/c...
University of Baltimore Law Forum: “Recent Developments: Texas v. Johnson: FlagBurning as Protest Protected within Context of First “Amendment
https://scholarworks.law.ubalt.edu/cg...
Pepperdine Law Review: “Texas v. Johnson: The Constitutional Protection of Flag Desecration”
https://digitalcommons.pepperdine.edu...