In the case of texas v. johnson, the supreme court ruled that the first amendment protects:

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.”


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 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

  • The Amendment Process (Advanced •)
  •  Should the U.S. Enact a Flag Desecration Amendment?
  •  Data Analysis: How Do Americans Feel about Flag Desecration Amendment?

Teacher Resources

Teaching Strategies Used

  • Applying Precedents
  • Classifying Arguments
  • Political Cartoon Analysis
  • Unmarked Opinions

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?

Return to Case Listing

What did the Supreme Court decide in the case Texas v Johnson?

Decision: The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment. DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only.

How did Texas v Johnson affect the First Amendment?

The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment.

What amendment does Texas v Johnson fall under?

Johnson, 491 U.S. 397 (1989) The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag. During a political demonstration in Dallas, Texas, Gregory ("Joey") Johnson gained possession of an American flag.

What did the U.S. Supreme Court decide in Texas v Johnson quizlet?

in a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature.