Did Texas v Johnson set a precedent?

Answer 1

Yes, Texas v. Johnson is considered a landmark case because it overturned a state law prohibiting flag desecration and formally declared the act a form of "expressive political speech" protected by the First Amendment.

Congress responded by passing the Flag Protection Act of 1989, replacing the Texas statute with a federal law. The Supreme Court subsequently overturned the legislation in another landmark case, United States v. Eichman, 496 US 310 (1990).

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.

Answer 2

Yes. 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.

The Texas v. Johnson decision, is to me, one of the most important decisions in recent history in determining the extent of Free Speech Rights. It is what makes the United States one of the most free places to speak a person's mind.

As Justice Kennedy said in his concurrence: "Though symbols often are what we ourselves make of them, the flag is constant in expressing beliefs Americans share, beliefs in law and peace and that freedom which sustains the human spirit. The case here today forces recognition of the costs to which those beliefs commit us. It is poignant but fundamental that the flag protects those who hold it in contempt."