Facts of Case
True or False: Many people got hurt during the time of when Johnson burned the U.S. flag that he brought
False, nobody got hurt and he did not bring the flag
Which, if any, Amendment did the Supreme Court say granted Johnson the right to burn the flag?
First Amendment
True or False: Many protesters after this case have tried burning U.S. flags as a sign of an expression
True
When and where did Johnson burn the flag that led to his arrest?
1984. Republican National Convention Dallas, Texas.
What was the court's holding in this case, Texas v. Johnson
5-4 decision. Held that Johnson's acts were protected under one of the Amendments.
True or False: The Flag Protection Act of 1989 was created from this case?
True
What law did Johnson get convicted under, and what did that law say?
Texas Law. Prohibited any type of desecration with a venerated object, like the American flag.
True or False: The Supreme Court ruled that the O'Brien test applied in this case, since Johnson burned a U.S. flag
False
Which President reflected negatively on the outcome of this case?
George H. W. Bush.
Why did Gregory Johnson burn the U.S. flag?
Since President Ronald Reagan was reelected, and was protesting President Reagan’s party and policies.
Who dissented in this case?
Chief Justice William Rehnquist (author), Justice Byron White, Justice Sandra Day O'Connor, Justice John Paul Stevens
What was the reaction of the Executive Branch?
Bush and others in Congress opposed the ruling, which led to the Flag Protection Act of 1989. This was aimed at criminalizing flag burning again.
Who all participated in this case?
Defendant, Gregory Johnson. State of Texas. Supreme Court; Majority Opinion-Justice William Brennan(author), Justice Thurgood Marshall, Justice Harry Blackmun, Justice Antonin Scalia, Justice Anthony Kennedy; Dissenters-Chief Justice William Rehnquist (author), Justice Byron White, Justice Sandra Day O'Connor, Justice John Paul Stevens
How was the strict scrutiny test used in this case?
Whether the Texas law against flag desecration violated First Amendment rights. The Supreme Court determined that the government's interest in preserving the flag as a national symbol was not enough to justify those restrictions.
What case had 3 protestors burning U.S. flags outside of The Congress Building, after the Flag Protection act was passed?
United States v. Eichman (1990).