The Texas vs. Johnson case is a well-known controversial case that sparked several reactions from both the public and legislative community due to its underlying circumstances and judgment .The defendant was protesting during a Republican National Convention when he proceeded to burn a flag handed to him by a fellow protestor in 1984. He was charged under the Texas state law that penalized desecration of venerable objects, in this case the flag, and sentenced to one year in prison as well as a fine (US Courts, nd). However, despite the Texas Court of Criminal Appeals reversed this conviction on the grounds that the circumstances that led to the event disqualify from being a criminal act. Furthermore, it stressed that there had been a failure by Texas to prove that there was a breach of peace and the consequent preservation of the flag as a symbol of national unity.
Firstly, the fact that the burning occurred after the protest classified the action as an expressive conduct protected by the First Amendment. Furthermore, the court ruled that it would be unconstitutional to criminally sanction burning the flag as it did not meet the goal of preventing breaches of peace. The opposing side argued that the action would instigate unruly behavior or further desecration of venerable property. They also added that the freedom of speech had limitations and exceptional circumstances such as these in which it could not be duly applied. Despite the spirited case, they were unsuccessful.
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. The U.S Supreme Court chose to uphold that Gregory Lee Johnson’s acts of burning the American flag in protest of some of Regan’s administration policies and Dallas corporations (Columbia University, nd). The decision was reached by a close 5-4 majority, illuminating the complicated nature of the case and tense atmosphere at the time. Furthermore, several officials were quite dissatisfied with decision, articulating that the symbolic importance of the flag overweighed the freedom of the defendant. Some of the presiding judges expressed sentiment that despite the actions unsettling nature, it did not instigate widespread cases of disturbances. They also said that the same goal of discouraging similar actions could be achieved without punishing that particular indiscretion. The lower courts’ failure to determine under which grounds the conviction was unconstitutional played a part in eventually overturning the decision.
Importance of the Case
This case has often been termed as a landmark moment in reference to upholding the First amendment. The application of the law was done to impeccable standards despite the obvious public outcry as well as personal differing opinions amongst some of the judicial team members. Justice Brennan and some of his colleagues noted that the Texas law was quick to punish actions that aroused feelings of anger or offence in others such as flag-burning in protest. However, the same law was not applied to activities such as disposing of a worn out flag (Legal Information Institute, nd). There were several unsuccessful attempts to create a clause that specifically targeted flag burning actions to be criminally liable. This decision was important in highlighting such gross loopholes in the law that allowed for continues use of selective application. It iterates the idea that the law is adaptable and consequently relevant in the period of application.
There was also mention of the danger of using the law to punish individuals because they offended the community. In his concurring statement, Justice Kennedy stresses the important of applying the law not because one agrees with it but because it is the correct course of action (Constitutional Rights Foundation, 2007). The prior terms of conviction were riddled with undertones of sentiment and subjective judgment rather than factual and legal basis. The reversal of this decision highlighted the weakness that allowed the conviction to occur and the need to amend it. This is because the case could set a future precedence for other convictions that seemed to fit a similar structure to be based on. This would be a gross miscarriage of justice given that there was some proof that personal belief and public sensationalism may have weighed in on the decision. Upholding this decision would leave a dent on the credibility of the American Justice System as a whole.
The decision demonstrates that the First Amendment protection of forms extends to individuals who perform unorthodox, provocative, unpopular and offensive actions. There was massive public outcry and disagreement with the reversal; however, it was an excellent display of what it means to apply the law in a fair and just manner. As a country that prides itself on being the land of the free and fair, it would be ironic to punish actions based on differing sentiments. The people of the United States become more confident that their judicial system serves to protect them when it makes amends where necessary. The decision shows that the law can make clear distinctions between situations that cause or fail to cause tangible harm but rather offend sensibilities.
This case is a historical landmark in the preservation of the fundamental rights and freedoms of the American people. The case symbolizes the vigilance with which the law is applied to all despite the personal politics that individuals may hold. It also highlights that there are significant improvements that can be made on the law in order to mitigate any negative outcomes from resulting discrepancies.
References
Columbia University. nd. Texas v. Johnson. Global Freedom of Expression. Retrieved from:
https://globalfreedomofexpression.columbia.edu/cases/texas-v-johnson/
Constitutional Rights Foundation. (2007). Landmarks: Historic U.S. Supreme Court Decisions Retrieved from: https://www.crf-usa.org/images/pdf/Lankmarks_sample_lesson.pdf
Legal Information Institute. (nd). Texas v. Johnson. Cornell Law School. Retrieved from:
https://www.law.cornell.edu/supremecourt/text/491/397#targetText=JUSTICE%20BRENNAN%20delivered%20the%20opinion,consistent%20with%20the%20First%20Amendment .
US Courts. (nd). Facts and Case Summary - Texas v. Johnson. Retrieved from:
h ttps://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-s ummary-texas-v-johnson
