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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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Q: What case was a precedent for Texas v Johnson?
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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.


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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.


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