Blog #5 Challenging State Statutes

           The case that I will analyze went before the United States Supreme Court in 1989. That case is Texas v Johnson. Johnson was convicted under a Texas statute which criminalized the desecration of the U.S. flag. However, he challenged the constitutionality, arguing that his actions were protected under the freedom of speech of the First Amendment. Once they Supreme Court reviewed the case, they ruled in favor of Johnson. They stated that the desecration of the flag was political speech, the very essence of which is protected by the First Amendment. With this ruling, the Court struck down the Texas statute. Because of this ruling, it is now unconstitutional for states to make laws that would criminalize the desecration of our flag.