Texas v. Johnson

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  • Gregory Lee Johnson, an American Communist activist, decided to burn the American flag, due to his beliefs.
  • He was immediately taken into holding until his court date.
  • March 21, 1989. Texas v Johnson. Johnson's case was argued with the First Amendment, explaining freedom of speech.
  • He was sentenced to on year in prison and a $2k fine, although the first amendment was examined. The outcome was decided by Brennan, Marshall, Black mun, Scalia and Kennedy; The Supreme Court.
  • After Johnson was released from jail, the Congress undertook the action of burning the flag and made a new decision. It was decided that burning the flag resulting in punishment was unconstitutional. Thus burning the flag became legal, due to the fact that it is freedom of protest.
  • As of today, burning the flag is LEGAL.
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