Facts: A republican National convention in Dallas 1984 was held to protest against the policies

Ronald Reagan administration. Johnson was involved with a political demonstration: Johnson

light the american flag in fire and took part in a chant America the red, white, and blue, we spit

on you. A witness took the remains and buried it in his own back yard. No one was physically

hurt but some were offended. Johnson was convicted for an hour after the trial a well as fined

$2,000. The court of Criminal Appeals reversed the trial. Johnson speech was protected under the

First Amendment Although the first trial was trying to preserve the flag as a symbol and prevent

a breach of peace.

Issue: Whether his conviction is consistent with the first First Amendment.

Rule: a government cannot mandate by fiat a feeling of unity in its citizens Therefore, that every

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 West Virginia Board of Education v. Barnette

The view that an apparently limitless variety of conduct can be labeled speech whenever the

person engaging in the conduct intends thereby to express an ideas United States v oBrien

"function of free speech under our system of government is to invite dispute. It may indeed best

serve its high purpose when it induces a condition of unrest, creates dissatisfaction with

conditions as they are, or even stirs people to anger." Terminiello v. Chicago

Tinker v. Des Moines Independent Community School Dist.

"Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating,

defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or

imprisoned for not more than one year, or both." 18 U. S. C. 700(a)

Application: The court held that Johnson did not break the first amendment because the

symbolism was protected under the first amendment no matter who it offended. The burning of

the flag also did not disturb the peace such as in other protests as in the silent protest of a kid

who wore a strap to symbolize his empowering against the vietnam war.

Conclusion: The decision of the previous court was reversed.