Tuesday 21 June 2022

texas v johnson

The landmark decision announced on this day in 1989, a split US Supreme Court invalidated prohibitions against the desecration of the American flag, which at the time of issuance were on the books of forty eight of fifty state jurisdictions, ruling first that the category of protected speech as defined by the US constitution as amended extends to symbolic acts and that counter arguments against the plaintiff’s right of expression of a compelling interest to protect a venerated symbol and to prevent a “breach of peace” that allowing the above might incite failed to reach the threshold for its continued abridgment. The defendant, activist Gregory “Joey” Johnson, then an associate of the Revolutionary Communist Youth Brigade, had engaged in a political demonstration during the 1984 Republican National Convention, held in Dallas, which re-nominated the Reagan administration, culminating in dousing a flag in kerosene and burning it, chanting “America, the red, white and blue—we spit on you! You stand for plunder, you will go under!” The protest was peaceful but some spectators were profoundly offended by the act, prompting one onlooker to collect the ashes and inter them in their backyard. Johnson’s conviction was initial not upheld by the state judges under the same logic and appeals elevated the matter to the high court, represented by civil rights attorney William Kunstler. There have been numerous attempts by congress to subvert the ruling by introducing an amendment to the constitution excluding the national flag from first amendment protections, which have been generally introduced around the anniversary of this ruling and have all failed to pass the senate. On 20 June 2016 while protesting the RNC in Cleveland, Johnson was arrested after burning a US flag on unclear charges, with the state of Ohio paying him nearly a quarter of a million dollars in restitution three years later, admitting his arrest was unwarranted and a violation of his free speech