Which case held that flag burning constitutes protected First Amendment speech?

Which case held that flag burning constitutes protected First Amendment speech?

• A. Stromberg v. California
• B. Brandenburg v. Ohio
• C. Texas v. Johnson
• D. Schenck v. United States

Answer: (C)

The main idea tested is that symbolic acts conveying political messages are protected as First Amendment speech. In Texas v. Johnson, the Supreme Court held that burning the U.S. flag as part of a political protest is protected expressive conduct. The Court explained that the act communicates a political message, and punishing it because the symbol is controversial would suppress dissent and suppress a viewpoint the government doesn’t like. The decision reinforces that the government can regulate demonstrations in time, place, and manner, but it cannot criminalize the desecration of a flag merely to suppress a particular message. This ruling established that flag desecration, when chosen as a form of protest, falls within protected speech.

The main idea tested is that symbolic acts conveying political messages are protected as First Amendment speech. In Texas v. Johnson, the Supreme Court held that burning the U.S. flag as part of a political protest is protected expressive conduct. The Court explained that the act communicates a political message, and punishing it because the symbol is controversial would suppress dissent and suppress a viewpoint the government doesn’t like. The decision reinforces that the government can regulate demonstrations in time, place, and manner, but it cannot criminalize the desecration of a flag merely to suppress a particular message. This ruling established that flag desecration, when chosen as a form of protest, falls within protected speech.