Gregory Lee Johnson Case Study

Gregory Lee Johnson was convicted for desecration of a venerated object; a violation of a Texas Statute in the County Criminal Court No. 8 of Dallas County by Judge John C. Hendrik. He sentence was one year in prison and a fine of $2000.

The respondent appealed with the Dallas Court of Appeals, Fifth Supreme Judicial District, 706 S.W.2d 120 (1986), Judge Vance affirmed the conviction, and a rehearing was denied.

The defendant subsequently petitioned for a discretionary review with the Texas Court of Criminal Appeals, 755 S.W.2d 92 (1988). Judge Campbell held that the flag desecration statute unconstitutionally infringed upon defendant 's First Amendment rights. Judgment was reversed and remanded, and the Supreme Court of the United States granted the writ of certiorari 109 S. Ct. 216 (1988).

The Supreme Court, 490 U.S. 397 (1989), Justice Brennan, held that: the defendant 's act of burning the American flag during a demonstration march was considered expressive conduct and was within the protection of the First Amendment, and the State could not justify the prosecution of the defendant based on the interest to preserve the American flag as a symbol of

In front of the Dallas City Hall at the end of a demonstration march, Johnson burned the American flag. The flag burning seriously offended many witnesses, but no one was threatened with injury nor physically injured. Mr. Johnson was convicted under a Texas statute, which prohibits the desecration of the national flag. To justify the conviction, the State asserted two interests: preserving the flag as a symbol of national unity and preventing breaches of the