Gregory Lee Johnson Case Study

Case 491 U.S. 397, 109 S.Ct. 2533 argued March 21, 1989 and was decided June 21, 1989. The issue in Texas v. Gregory Lee Johnson was the desecration of the American flag as a political protest protected under the freedom of expression clauses of the First and Fourteenth Amendments.
While the Republican National Convention was taking place in Dallas in 1984, Gregory Lee Johnson participated in a political demonstration called the “Republican War Chest Tour.” The purpose of the demonstration was to dramatize the consequences of nuclear war and policies of the Republican Party. The demonstrators marched through Dallas streets, chanting “America, the red, white, and blue, we spit on you.” On several occasions they spray-painted buildings and …show more content…
Her argument against Mr. Johnson was that “…the state will assume the symbolic speech standard and proceed directly to the question of Texas’ compelling interest in regulating this type of conduct.” Along the lines of the argument she also include that the preservation of the flag as a symbol of nationhood, national unity and is the preservation of a breach of the peace.” She first addressed the nationhood interest. She believed that preservation of the flag as a symbol of nationalhood and national unity is a compelling and valid state interest. She felt very certain that Congress had the power to both adopt a national symbol and to take steps to prevent the destruction of that symbol, to protect the symbol. Chief Justice William H. Rehnquist questioned Kathi Drew on prevention of breach of the peace. She enlightened him on the subject by stating “Yes, Your Honor, prevention as opposed to punishment for a breach of the peace.” As she goes on she explains how Johnson’s actions destroyed the symbol. She goes on to explain how Johnson’s actions destroyed the symbol the flag holds. “We believe that if a symbol over a period of time is ignored or abused that it can, in fact, lose its symbolic effect.” Justice Antonin Scalia disagreed with Ms. Drew. He stated “…when somebody does that to the flag, the flag becomes even more a symbol of the country. I… I mean, it seems to me you’re running quite a different argument, not that he’s destroying its symbolic character, but that he is showing disrespect for it, that you not just want a symbol, but you want to venerated symbol, and you don’t make that argument because then you’re getting into… into a sort of content preference.” Ms. Drew believed that every desecration of the flag carried out in the manner that he did here… and certainly I don’t think there can be any question that Mr. Johnson is a hard-core violator of the statute… if

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