Texas v. Johnson Majority
Opinion
Court Opinion by William J. Brennan
Pages 15-16
Read page 15
Johnson’s case went to the Supreme Court after the Texas Court of Criminal
Appeals reversed Johnson’s conviction, saying that Johnson’s actions were
symbolic speech that is protected by the First Amendment. The Supreme
Court ruled on two issues: (1) Whether burning of the flag was a form of
expressive conduct, permitting him to invoke the First Amendment; and (2)
whether Texas’s interest in preserving the flag as a symbol of the United States
justified Johnson’s conviction.
Court decisions are written in a formal language that includes rich vocabulary
and lengthy, complex sentences. You may need to reread and paraphrase, or
restate in your own words, sentences as needed for comprehension.
1. Restate the first paragraph in your own words.
A sentence’s meaning can often change, depending on the placement of a few
key words.
2. Reread the second paragraph and identify the phrase that indicates that
the Court does not think encouraging proper treatment of the flag is the
same as legally requiring proper treatment of the flag.
Share your answer with your shoulder partner. (2 min.)
Read page 16
Lines 17-19 refer to Abrams v. United States, a freedom-of-speech case from 1919.
Justice Oliver Wendell Holmes wrote the dissenting opinion. Holmes said that the
government did not prove that the defendants’ actions presented a danger to the
nation.
3. Cite the lines in which Justice Brennan applies Holme’s idea to the current case.
Justice Brennan cites a previous Court case that questioned whether the Constitution
allows children to be forced to pledge allegiance to the flag.
4. Define compulsion: Explain the compulsion regarding the flag in Texas v. Johnson.
5. How does Brennan use the state’s implicit assumption to support his argument?
Share your answer with your shoulder partner. (2 min.)
Justice Brennan says that the Court’s opinion endorses the principles that the flag
symbolizes.
6. Why does Justice Brennan make this reaffirmation?
7. Explain Justice Brennan’s use of the word resilience in “and it is that resilience
we reassert.”
8. In the end, what did the Court decide and why? Cite specific evidence.
Share your answer with your shoulder partner. (2 min.)