#TBT: Texas v. Johnson and free speech’s trial by fire – CNN

Posted: April 21, 2017 at 2:12 am

Texas code at the time banned intentional "desecration of a venerated object," including public monuments, places or worship and the national flag. Under the code, to desecrate meant to "deface, damage or otherwise physically mistreat in a way that the actor knows will seriously offend one or more persons likely to observe or discover his action." The punishment Johnson faced was a year in prison and a fine. An appeals court overturned his conviction and the state turned to the Supreme Court. At issue in the nation's highest court was the First Amendment of the Constitution and Johnson's right to symbolic speech exercised by burning the flag. Here's a quick refresher on the First Amendment, which reads in part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press."

You can hear the major arguments from both sides of the case in the Instagram video embedded above, but they essentially came down to free speech against the protection of a national symbol.

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#TBT: Texas v. Johnson and free speech's trial by fire - CNN

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