Texas V. Johnson Case

FACTS
In 1984, Gregory Lee Johnson went to Dallas City Hall with the United States flag and burned it. He burned the flag to protest against the President Ronald Reagan administration’s policies. Law enforcers arrested Johnson and charged him with violating a Texas statute that prohibited any citizen from engaging in the desecration of a venerated object, in this case, the American flag. A Texas court tried and convicted him of the violation.
Procedural History
The first appeal for his conviction was to the Fifth Court of Appeals of Texas, which held the decision made by the first Texas Court.
The second appeal was to the Texas Court of Criminal Appeals, which overturned the initial ruling by the two courts. The rationale for overturning the conviction was that Johnson was protected by the First Amendment in the US Constitution. Johnson was not legible for punishment under the US Constitution because the First Amendment protected activity such as burning the American flag as symbolic speech. Furthermore, the Court found no grounds for the flag burning as a causing any threat or breach of peace in the nation.
ISSUE
Is the Texas statute that considers the burning of the American flag a criminal activity when engaging in political protest violates the First Amendment?
DECISION
Yes
DISCUSSION
The Texas Court and the Fifth Court of Appeals of Texas made an error in convicting Johnson, claiming that he violated the Texas statute that held anyone accountable for desecration of the American flag. However, the Texas Court of Criminal Appeals correc...