Background
Summary and Questions
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Vocabulary
demonstration
Define:
Use in a sentence:
protest
Define:
Use in
a
sentence:
conviction
Define:
Use
in a sentence:
appeal
Define:
Use
in a
sentence:
symbolic
Define:
Use in
a sentence:
In 1984, the Republican National
Convention was held in Dallas, Texas. Gregory Lee Johnson took
part in a demonstration there. He and his group were
protesting against nuclear weapons among other things. They
marched through the streets shouting.
Johnson was
carrying an American flag. When he reached Dallas City Hall,
Johnson poured kerosene on the flag. Then he set it on fire.
While the flag burned, people shouted, "America, the red,
white, and blue, we spit on you." No one was hurt, but some
people who were there said they were very
upset.
Johnson was arrested. He was charged with
violating a Texas law that said people couldn't vandalize a
respected object. He was convicted, sentenced to one year in
prison, and fined $2,000.
Johnson appealed his case to
the Texas Court of Criminal Appeals, which agreed with him.
The court said that the First Amendment protection of free
speech included "symbolic speech," which is an action that
expresses an idea. It said that flag burning was a form of
symbolic speech so Johnson could not be punished.
The
State wanted to maintain order and to preserve the flag as a
symbol of national unity. The State had argued its interests
were more important than Johnson's symbolic speech rights. The
court did not agree with the State's arguments.
The
court said the government cannot "carve out a symbol of unity
and prescribe a set of approved messages to be associated with
that symbol . . . " The court also said that the flag burning
did not cause or threaten to cause a breach of the
peace.
The State of Texas asked the Supreme Court of
the United States to hear the case. In 1989, the Court made a
decision.
Questions to Consider:
- What did Gregory Johnson do? What happened to him as a
result?
- What does the First Amendment say about freedom of
speech? Why did Johnson say his First Amendment rights had
been violated?
- What argument could you make that flag burning is likely
to cause violence and therefore should be against the
law?
- What argument could you make that flag burning is
symbolic speech protected by the First Amendment?
- The Texas Court of Appeals said the government cannot
"carve out a symbol of unity and prescribe a set of approved
messages to be associated with that symbol . . . " What does
this mean? Do you agree that the government should not be
able to do this? List your reasons.
- How should the Supreme Court of the United States decide
this case? Why?
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