Main Arguments of the Case

[Elli Iacobellis]

Johnson's actions were an deemed expressive conduct. Since the flag is a symbol of this country, and Johnson was burning the flag at a political rally, his actions permitted him to be safe under the First Amendment.

Texas argued that the government can justify certain limitations based on incident of the First Amendment where both speech and nonspeech is involved in the same action. Johnson's action of burning the flag could instigate a riot or interrupt the peace of the nation.



Sources:
h t t p : / / w w w .casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-sullivan/freedom-of-speech-how-government-restricts-speech-modes-of-abridgment-and-standards-of-review/texas-v-johnson-3/2/
h t t p : / / w w w . law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZS.html
h t t p : / / w w w . oyez.org/cases/1980-1989/1988/1988_88_155