Texas v. Johnson case brief

Texas v. Johnson case brief summary

491 U.S. 397 (1989)

CASE SYNOPSIS

Petitioner State requested a writ of certiorari to examine a decision of the Court of Criminal Appeals of Texas, which reversed the trial court's decision that convicted respondent of desecrating a flag in violation of Tex. Penal Code Ann. § 42.09(a)(3) (1989) after he publicly burned an American flag as a means of political protest.

CASE FACTS
Respondent participated in a political demonstration where he doused the American flag with kerosene and set it on fire. Respondent was charged and convicted of desecration of the flag. The court of criminal appeals reversed the conviction and held that petitioner could not punish respondent for burning the flag as a part of political speech. Petitioner sought a writ of certiorari to determine whether the conviction was consistent with U.S. Constitutional amendment I.

DISCUSSION

• The Supreme Court found that it was not. 
• The Court held that petitioner's interest in preventing breaches of the peace did not support respondent's conviction because his conduct did not threaten to disturb the peace. 
• Additionally, petitioner's interest in preserving the flag as a symbol of nationhood did not justify the criminal conviction for engaging in political expression. 
• The Supreme Court affirmed the decision of the court of criminal appeals.

CONCLUSION
The Supreme Court affirmed the court of criminal appeals' decision when the Court found that petitioner's interest in preventing breaches of the peace did not support respondent's conviction because his conduct did not threaten to disturb peace; petitioner's interest in preserving the flag as a symbol of nationhood did not justify a criminal conviction for engaging in political expression.