Texas V. Johnson: Freedom Of Speech Vs. Flag Desecration

The 1989 Supreme Court case Texas v. Johnson involved a clash between freedom of speech and the prevention of desecration of the American flag. During the trial, several justices played significant roles in shaping the case’s outcome. Chief Justice William Rehnquist delivered the majority opinion, joined by Justices Antonin Scalia, Anthony Kennedy, and David Souter. Justices John Paul Stevens, Harry Blackmun, Sandra Day O’Connor, and Thurgood Marshall dissented from the majority’s decision, with Justice Marshall authoring a separate dissenting opinion.

Who Were the Justices in Texas v. Johnson?

The Supreme Court case of Texas v. Johnson, decided in 1989, involved a man named Gregory Lee Johnson who burned an American flag as a form of protest. The case made its way to the Supreme Court, which ruled that Johnson’s actions were protected by the First Amendment.

The Justices

The justices who heard Texas v. Johnson were:

  1. William Rehnquist, Chief Justice
  2. Thurgood Marshall
  3. Harry Blackmun
  4. Sandra Day O’Connor
  5. Antonin Scalia
  6. Byron White
  7. John Paul Stevens
  8. Anthony Kennedy
  9. David Souter

Majority Opinion

The majority opinion, written by Justice Brennan, ruled that Johnson’s actions were protected by the First Amendment. The Court held that the burning of a flag is a symbolic act that is protected by the First Amendment, even if it is offensive to others.

Dissenting Opinions

There were four dissenting opinions in Texas v. Johnson.

  • Justice Stevens argued that Johnson’s actions were not protected by the First Amendment because they were likely to incite violence.
  • Justice White argued that Johnson’s actions were not protected by the First Amendment because they were not expressive conduct.
  • Justice Scalia argued that Johnson’s actions were not protected by the First Amendment because they were not a form of speech.
  • Justice Kennedy argued that Johnson’s actions were not protected by the First Amendment because they were not a form of political speech.

Table of Justices and Their Votes

Justice Vote
William Rehnquist Majority
Thurgood Marshall Majority
Harry Blackmun Majority
Sandra Day O’Connor Majority
Antonin Scalia Dissent
Byron White Dissent
John Paul Stevens Dissent
Anthony Kennedy Dissent
David Souter Did not participate

Question 1:

Who were the Supreme Court justices involved in Texas v. Johnson?

Answer:

The Supreme Court justices involved in Texas v. Johnson were:

  • Chief Justice William Rehnquist
  • Justice Sandra Day O’Connor
  • Justice Anthony Kennedy
  • Justice David Souter
  • Justice Clarence Thomas
  • Justice Ruth Bader Ginsburg
  • Justice Stephen Breyer
  • Justice Antonin Scalia
  • Justice John Paul Stevens

Question 2:

What was the legal basis for the Court’s decision in Texas v. Johnson?

Answer:

The Court’s decision in Texas v. Johnson was based on the First Amendment to the U.S. Constitution, which protects freedom of speech. The Court held that the burning of the American flag is a form of symbolic speech that is protected by the First Amendment.

Question 3:

How did the Justices vote in Texas v. Johnson?

Answer:

The Justices voted 6-3 in favor of Johnson, with Justices O’Connor, Kennedy, Souter, Ginsburg, Breyer, and Stevens forming the majority. Chief Justice Rehnquist, Justice Scalia, and Justice Thomas dissented.

Well, there you have it, folks! Now you know who the justices were in Texas v. Johnson and how their decision has impacted our lives today. Thanks for hanging out and reading this article. If you found it enjoyable, be sure to check out our other content on this website. We’ve got a lot more interesting and informative articles in the works, so stay tuned!

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