Who was Chief Justice of the US Supreme Court during the Texas v. Johnson case?

Answer 1

In Texas v. Johnson, (1989), the US Supreme Court found in favor of Johnson, the respondent (like a defendant) by a vote of 5-4 and overturned the Texas Venerated Objects law on the grounds that an individual's right to protected First Amendment political speech supersedes the state's interest in protecting the flag.

Background

In 1984, Gregory Johnson participated in a political rally during the Republican National Convention, which was held in Dallas that year. He and other protesters distributed literature and made speeches denouncing President Reagan's "War Chest" policies. The crowd marched through the streets and staged "die-ins" on the grounds of several corporations known to support the Reagan administration.

The tour concluded in front of Dallas City Hall, where Johnson unfurled an American flag, doused it with kerosene and set it on fire while the crowd chanted, "America, the red, white, and blue, we spit on you."

After the protesters dispersed, one of the onlookers gathered the remains of the flag and buried it in his backyard. No one was injured or threatened during the demonstration, but some people reported feeling extremely offended by the flag burning.

Johnson was subsequently arrested and convicted under a Texas law that prohibited intentionally and knowingly desecrating a state or national flag, fined $2,000, and sentenced to one year in jail.

Johnson appealed his case to the Court of Criminal Appeals of Texas, which reversed the lower court ruling on the grounds that Johnson could not be punished for expressive conduct protected under the First Amendment. The Court concluded that the State could not prohibit flag burning in order to preserve the flag as a symbol of national unity.

The State of Texas petitioned the US Supreme Court for a writ of certiorari, with the hope of preserving the desecration statute.

In a 5-4 vote, the Court affirmed the Court of Criminal Appeals' verdict. Justice William Brennan delivered the majority opinion.

The Texas law stated desecration is illegal if "the actor knows it will seriously offend one or more persons," which the Court held was a deliberate attempt at suppressing free speech, and therefore was unconstitutional. Johnson had the right to invoke First Amendment protection because the burning occurred in the context of a political protest.

In expressing the majority concern, Brennan quoted an appropriate passage from a decision in West Virginia Board of Education v. Barnette, 319 U. S. 624 (1943):

"Recognizing that the right to differ is the centerpiece of our First Amendment freedoms a government cannot mandate by fiat a feeling of unity in its citizens. Therefore, that very same government cannot carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol when it cannot mandate the status or feeling the symbol purports to represent."

Supreme Court Votes

Majority vote was in favor of Johnson. William J. Brennan wrote the majority opinion, and was joined by Thurgood Marshall, Harry Blackmun, Antonin Scalia. Anthony M. Kennedy in his own opinion.

Chief Justice William Rehnquist dissented, and was joined by Byron White and Sandra Day O'Connor. John Paul Stevens also wrote his own dissenting opinion.

This made the final vote 5-4 in favor of Johnson.

Legal Question(s): Does First Amendment rights of personal expression supersede state's rights to regulate unity and ensure peace?

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information about Texas v. Johnson, (1989) and other Supreme Court flag desecration cases, see Related Links, below.

Answer 2

The 5-4 majority vote was in favor of Gregory Johnson. William J. Brennan wrote the majority opinion, and was joined by Thurgood Marshall, Harry Blackmun, Antonin Scalia. Anthony M. Kennedy in his own opinion.

Chief Justice William Rehnquist dissented, and was joined by Byron White and Sandra Day O'Connor. John Paul Stevens also wrote his own dissenting opinion.

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.

Answer 3

In 1984, Gregory Johnson participated in a political rally during the Republican National Convention, which was held in Dallas that year. He and other protesters distributed literature and made speeches denouncing President Reagan's "War Chest" policies. The crowd marched through the streets and staged "die-ins" on the grounds of several corporations known to support the Reagan administration.

The tour concluded in front of Dallas City Hall, where Johnson unfurled an American flag, doused it with kerosene and set it on fire while the crowd chanted, "America, the red, white, and blue, we spit on you."

After the protesters dispersed, one of the onlookers gathered the remains of the flag and buried it in his backyard. No one was injured or threatened during the demonstration, but some people reported feeling extremely offended by the flag burning.

Johnson was subsequently arrested and convicted under a Texas law that prohibited intentionally and knowingly desecrating a state or national flag, fined $2,000, and sentenced to one year in jail.

Johnson appealed his case to the Court of Criminal Appeals of Texas, which reversed the lower court ruling on the grounds that Johnson could not be punished for expressive conduct protected under the First Amendment. The Court concluded that the State could not sanction flag burning in order to preserve the flag as a symbol of national unity.

The State of Texas petitioned the US Supreme Court for a writ of certiorari, with the hope of preserving the desecration statute.

In a 5-4 vote, the Court affirmed the Court of Criminal Appeals' verdict. Justice William Brennan delivered the majority opinion.

The Texas law stated desecration is illegal if "the actor knows it will seriously offend one or more persons," which the Court held was a deliberate attempt at suppressing free speech, and therefore was unconstitutional. Johnson had the right to invoke First Amendment protection because the burning occurred in the context of a political protest.

In expressing the majority concern, Brennan quoted an appropriate passage from a decision in West Virginia Board of Education v. Barnette, 319 U. S. 624 (1943):

"Recognizing that the right to differ is the centerpiece of our First Amendment freedoms a government cannot mandate by fiat a feeling of unity in its citizens. Therefore, that very same government cannot carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol when it cannot mandate the status or feeling the symbol purports to represent."

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.

Answer 4

Chief Justice William H. Rehnquist presided over the Court during the 1989 Texas v. Johnson case, but voted with the minority to uphold the Texas Venerated Objects Law. He filed a dissenting opinion that was joined by Justices O'Connor and White.

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.