TEXAS V. JOHNSON
Year: 1989
Result: 5:4, favor Johnson
Related Constitutional issue/amendment: 1st amendment (symbolic speech)
Civil Rights or Civil Liberties: Liberties
Significance/Precedent: The ruling established that there can be no law against symbolic speech, even if it is thought of as offensive. Since offensive speech is generally protected by the 1st amendment, symbolic speech that sends a political message is also protected.
Quote from majority opinion: "The Court of Criminal Appeals began by recognizing that Johnson's conduct was symbolic speech protected by the First Amendment. Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment."
6-word summary: state laws can't prohibit symbolic speech
Result: 5:4, favor Johnson
Related Constitutional issue/amendment: 1st amendment (symbolic speech)
Civil Rights or Civil Liberties: Liberties
Significance/Precedent: The ruling established that there can be no law against symbolic speech, even if it is thought of as offensive. Since offensive speech is generally protected by the 1st amendment, symbolic speech that sends a political message is also protected.
Quote from majority opinion: "The Court of Criminal Appeals began by recognizing that Johnson's conduct was symbolic speech protected by the First Amendment. Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment."
6-word summary: state laws can't prohibit symbolic speech