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It depends on how the question is read.

If it is asking for what the precedent that Texas v. Johnson set, the answer is: It set the precedent that flag-burning is a legal form of protest in the United States, regardless of how offensive it may be to individual Americans and how venerated the symbol is.

If it is asking for what cases served as precedents for the justices making the decision of Texas v. Johsnon, the answer is: There are several cases that serve as precedents upon which the decision in Texas v. Johnson relies. Below are a smattering of cases cited by the Brennan-written majority.

West Virginia Board of Education v. Barnette, 319 U. S. 624 (1943) is a case where a school board ejected kids who refused to speak the Pledge of Allegiance to the Flag. The majority found that recognizing that the right to differ is the centerpiece of our First Amendment freedoms. Not everyone needs to speak the Pledge of Allegiance, even if it considered appropriate.


Spence v. Washington, 418 U. S. 405 (1974) which showed that a physical act can come within the ambit of the term "speech" in the First Amendment as long as it is clearly expressive.

Schacht v. United States
, 398 U. S. 58 (1970) which permitted the disgracing of military uniforms in a protest over the Vietnam War. This was held regardless of how special and important the US Military is.

Smith v. Goguen, 415 U. S. 566 (1974) which permitted the creation and wearing of a pair of pants with a US flag sewn into the crotch-region. Contemptuous treatment of the flag does not prevent it from having expressive value and being protected as free speech.

Brandenburg v. Ohio, 395 U. S. 444 (1969) which holds that discriminatory (Klu Klux Klan) advocacy is permitted as long as it does not stir immediate violence or a "breach of the peace". This is relevant because speech is prohibited if it causes immediate violence. If flag-burning were that type of advocacy, then the result might be different.

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Related Questions

Who was the plaintiff in the Texas v Johnson case?

the plaintiff was Texas.


Who were the Parties involved in Texas v. Johnson case?

The parties involved in the Texas v. Johnson case were Gregory Lee Johnson, the petitioner who was convicted for burning an American flag, and the State of Texas, the respondent. Johnson argued that his actions were protected under the First Amendment as free speech, while Texas contended that the state had the right to prohibit flag desecration to preserve the flag's symbolic value. The case ultimately reached the Supreme Court, which ruled in favor of Johnson.


Which First Amendment case was effected by the decision in Texas v. Johnson?

Texas v. Johnson, (1989) has been cited a number of cases, but you are probably referring specifically to:US v. Eichman, 496 US 310 (1990)For more information, see Related Questions, below.


What significant legal precedent did the case of Marbury v. Madison overturn?

The case of Marbury v. Madison overturned the legal precedent that allowed the Supreme Court to issue writs of mandamus to government officials.


What is the precedent on the case united steelworkers v weber?

The precedent of the case above was concerning affirmative action. The case involved Brian Weber taking on the United Steelworkers union.Ê


Which landmark case set a precedent or standard for identifying a class of fundamental personal rights?

The landmark case that set a precedent for identifying a class of fundamental personal rights is Griswold v. Connecticut (1965). This case established the right to privacy as a fundamental right, extending protections to activities such as marital privacy and contraception. The ruling in Griswold laid the foundation for future cases involving personal autonomy and privacy rights.


Who had original jurisdiction in Texas v. Johnson?

In Texas v. Johnson, the original jurisdiction was held by the Texas trial court, where Gregory Lee Johnson was tried and convicted for desecrating the American flag. The case eventually escalated to the Supreme Court of the United States, which reviewed the decision made by the Texas Court of Criminal Appeals. The Supreme Court ultimately ruled that Johnson's act of flag burning was protected under the First Amendment as free speech.


The 1908 case of Muller v State of Oregon was the precedent setting in that the supreme court?

The 1908 Case Of Muller Vs. State Of Orgeon Was Precedent Setting In That The Supreme Court


What were the court dates of Texas v. Johnson?

The case was argued before the US Supreme Court on March 21, 1989, and decided on June 21, 1989.Case Citation:Texas v. Johnson, 491 US 397 (1989)For more information, see Related Questions, below.


What law did the US Supreme Court overturn in the Texas v. Johnson case?

In Texas v. Johnson, 491 US 397 (1989) the US Supreme Court overturned the Texas Venerated Objects Law (Tex. Penal Code Ann. § 42.09(a)(3) [Vernon 1974]), which outlawed intentionally or knowingly desecrating a flag in a way that some observer might find seriously offensive.Case Citation:Texas v. Johnson, 491 US 397 (1989)For more information about Texas v. Johnson, (1989) and other flag desecration cases, see Related Links, below.


Did the court overturn the judicial precedent of plessy v Ferguson with its ruling in the brown v board of education case?

yes it did


Who was president during Texas v Johnson?

Ronald Reagan