Flag Cases and the First Amendment

Street v. New York (1969) Radich v. New York (1971) Smith v. Goguen (1973) Spence v. Washington (1974) Kime v. US (1982) Texas v. Johnson (1989) US v. Eichman (1990)

Texas v. Johnson--A Closer Inspection Who was Gregory Johnson? Why did the Texas law say? What had the Supreme Court said about

flag burning prior to the Johnson case? What did the decision say? How did Congress react? What did the Supreme Court say to

that?

Texas v. Johnson (1989)

Johnson convicted of “desecration of a venerated object”

5-4 decision, Scalia, Kennedy, Marshall, Brennan, and Blackmun in majority

The Court can’t prefer a particular use for the flag--content neutrality

Dissent rejects neutrality, there are bad messages, and alternate modes of expression, the flag is special and must be protected

Kennedy concurrence, agony…then resolution! Oh yes, US v. Eichman (1990) slap Congress