Texas V Johnson Quotes

Until the Supreme Court’s landmark decision in Texas v. Johnson, which created or recognized, according to one’s point of view, the constitutional right to burn the American flag, the law could prohibit desecration of venerated objects. Now courts hold that the First Amendment protects flag-burning.29 And yet in 2019, an Iowa judge sentenced thirty-year-old Adolfo Martinez to fifteen years in prison for the “hate crime” of stealing and burning a rainbow flag, which symbolizes colorful sexual desires.30 So in fact, the government still outlaws desecration of venerated objects; it’s just that the objects of veneration are different.

In the Skokie case, it upheld the right of neo-Nazis to parade down the streets of an Illinois town inhabited by Holocaust survivors and their families. Wounded feelings were not deemed a persuasive reason for cancelling constitutional protection. As Justice Brenan wrote in Texas v. Johnson, a case in which a protestor burned an American flag: "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable".