Texas v. Johnson (1989)

Flag Burning, Freedom of Speech

Overview

“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

Justice William Brennan, speaking for the majority

This case explores the legal concept of freedom of speech.

In a political demonstration during the Republican National Convention in Texas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire. He was part of a group protesting the policies of the Reagan Administration and of certain corporations based in Dallas. No one was hurt or threatened with injury, but some witnesses said they were seriously offended. Johnson was charged and convicted with the desecration of a venerated object, in violation of the Texas Penal Code. In a split decision, the U.S. Supreme Court determined that Johnson’s actions were symbolic speech protected by the First Amendment.

For Students

This section is for students. Use the links below to download classroom-ready .PDFs of case resources and activities.

About the Case

Full Case Summaries

A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.

Case Background and Vocabulary

Important background information and related vocabulary terms.

Visuals

Decision

Learning Activities

The Case

After the Case

For Teachers

This section is for teachers.

Use the links below to access:

student versions of the activities in .PDF and Word formats
how to differentiate and adapt the materials
how to scaffold the activities
how to extend the activities
technology suggestions
answers to select activities

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About the Case

Full Case Summaries: A summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and impact. Available at a high school and middle school levels.
Case Background: Background information at three reading levels.
Case Vocabulary: Important related vocabulary terms at two reading levels.
Diagram of how the case moved through the court system
Case summary graphic organizer
Decision: A summary of the decision and key excerpts from the opinion(s)

Learning Activities

The Case

What is Symbolic Speech? When Is It Protected?
Classifying Arguments Activity
Applying Precedents Activity
Unmarked Opinions Activity
Cartoon Analysis

After the Case

Teacher Resources

Teaching Strategies Used

Landmark Cases Glossary

The LandmarkCases.org glossary compiles all of the important vocab terms from case materials. It is provided as a view-only Google Sheet.

Glossary

Planning Time and Activities

If you have one day . . .

Read the background summary (•••, ••, •) and answer the questions.
Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing.
For homework, have students read the Key Excerpts from the Majority Opinion and Key Excerpts from the Dissenting Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have two days . . .

Complete all activities for the first day (excluding homework).
On the second day, complete Applying Precedents Activity
Complete Unmarked Opinions Activity
Complete What is Symbolic Speech? When is it Protected?
For homework, have students complete the Cartoon Analysis Activity.

If you have three days . . .

Complete all activities for the first and second days (excluding homework).
On the third day, in advanced classes, complete The Amendment Process (•••) activity
Complete Should the U.S. Enact a Flag Desecration Amendment? activity

If you have four days . . .

Complete all activities for the first, second, and third days.
On the fourth day, complete the Cartoon Analysis Activity
Complete Data Analysis: How Do Americans Feel about Flag Desecration Amendment?

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