How did Texas v Johnson get to the Supreme Court?

Answer 1

Yes. Judicial review simply means a court exercises its authority to determine whether a law that is relevant to a case under the court's review conforms to the principles of the US Constitution. Any court, federal or state, may evaluate any statute, regardless of whether it is a municipal, state or federal law, as long as the law is directly related to a case before the court, and the court has proper jurisdiction (legal authority) over the case. Laws that are deemed unconstitutional may be nullified (overturned and rendered unenforceable), although the decision is likely to be appealed by the whichever government entity passed the law.

In Texas v. Johnson, the US Supreme Court used judicial review to determine whether the Texas Venerated Objects Law, under which Greg Johnson was convicted, infringed on the First Amendment right of free speech and political expression. The Court determined the law was unconstitutional and nullified it.

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.

Answer 2

In 1984, Gregory Johnson participated in a political rally protesting U.S. war policies. The protest culminated in Johnson and others dousing an American flag with kerosene and setting it on fire in the streets of Dallas.

Johnson was arrested under the Texas Venerated Objects Law, which outlawed intentionally or knowingly desecrating a flag in a way some observer might find seriously offensive. He was found guilty and sentenced to a year in prison plus a $2,000 fine.

Johnson appealed his case to the Court of Criminal Appeals of Texas, the equivalent of a Texas Supreme Court for criminal cases (Texas has two high courts: one for criminal cases and one for civil cases), which reversed the lower court's decision on the grounds that burning the flag was protected by the First Amendment as expressive political speech.

The State of Texas, hoping to preserve the flag desecration statute, appealed the state's ruling to the US Supreme Court. The Supreme Court granted certiorari.

In a 5-4 vote, the US Supreme Court held that the Texas law stating desecration is illegal if "the actor knows it will seriously offend one or more persons," was a deliberate attempt at suppressing free speech, and therefore was unconstitutional. Johnson had the right to invoke First Amendment protection because the burning occurred in the context of a political protest.

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.