texas johnson argued march decided june republican national convention dallas texas respondent johnson participated political demonstration protest policies reagan administration corporations march city streets johnson burned american flag protesters chanted one physically injured threatened injury although several witnesses seriously offended flag burning johnson convicted desecration venerated object violation texas statute state appeals affirmed however texas criminal appeals reversed holding state consistent first amendment punish johnson burning flag circumstances first found johnson burning flag expressive conduct protected first amendment concluded state criminally sanction flag desecration order preserve flag symbol national unity also held statute meet state goal preventing breaches peace since drawn narrowly enough encompass flag burnings likely result serious disturbance since flag burning case threaten reaction stressed another texas statute prohibited breaches peace used prevent disturbances without punishing flag desecration held johnson conviction flag desecration inconsistent first amendment pp circumstances johnson burning flag constituted expressive conduct permitting invoke first amendment state conceded conduct expressive occurring end demonstration coinciding republican national convention expressive overtly political nature conduct intentional overwhelmingly apparent pp texas asserted interest support johnson conviction unrelated suppression expression therefore permit application test set forth whereby important governmental interest regulating nonspeech justify incidental limitations first amendment freedoms speech nonspeech elements combined course conduct interest preventing breaches peace implicated record expression may prohibited basis audience takes serious offense expression may disturb peace since government assume every expression provocative idea incite riot must look actual circumstances surrounding expression johnson expression dissatisfaction federal government policies also fall within class fighting words likely seen direct personal insult invitation exchange fisticuffs holding forbid state prevent imminent lawless action fact texas law specifically prohibiting breaches peace texas interest preserving flag symbol nationhood national unity related expression case thus falls outside test pp latter interest justify johnson conviction restriction johnson political expression content based since texas statute aimed protecting physical integrity flag circumstances designed protect intentional knowing abuse causes serious offense others therefore subject exacting scrutiny boos barry government may prohibit verbal nonverbal expression idea merely society finds idea offensive disagreeable even flag involved may state foster view flag prohibiting expressive conduct relating since government may permit designated symbols used communicate limited set messages moreover create exception principles protected first amendment american flag alone pp brennan delivered opinion marshall blackmun scalia kennedy joined kennedy filed concurring opinion post rehnquist filed dissenting opinion white joined post stevens filed dissenting opinion post kathi alyce drew argued cause petitioner briefs john vance dolena westergard william kunstler argued cause respondent brief david cole briefs amici curiae urging reversal filed legal affairs council wyatt durrette bradley cavedo washington legal foundation daniel popeo paul kamenar briefs amici curiae urging affirmance filed american civil liberties union et al peter linzer james harrington steven shapiro christic institute et al james goodale jasper johns et al robert sugarman gloria phares justice brennan delivered opinion publicly burning american flag means political protest gregory lee johnson convicted desecrating flag violation texas law case presents question whether conviction consistent first amendment hold republican national convention taking place dallas respondent johnson participated political demonstration dubbed republican war chest tour explained literature distributed demonstrators speeches made purpose event protest policies reagan administration certain corporations demonstrators marched dallas streets chanting political slogans stopping several corporate locations stage intended dramatize consequences nuclear war several occasions walls buildings overturned potted plants johnson took part activities however accept american flag handed fellow protestor taken flagpole outside one targeted buildings demonstration ended front dallas city hall johnson unfurled american flag doused kerosene set fire flag burned protestors chanted america red white blue spit demonstrators dispersed witness flag burning collected flag remains buried backyard one physically injured threatened injury though several witnesses testified seriously offended flag burning approximately demonstrators johnson alone charged crime criminal offense charged desecration venerated object violation tex penal code ann trial convicted sentenced one year prison fined appeals fifth district texas dallas affirmed johnson conviction texas criminal appeals reversed holding state consistent first amendment punish johnson burning flag circumstances criminal appeals began recognizing johnson conduct symbolic speech protected first amendment given context organized demonstration speeches slogans distribution literature anyone observed appellant act understood message appellant intended convey act appellant convicted clearly speech contemplated first amendment justify johnson conviction engaging symbolic speech state asserted two interests preserving flag symbol national unity preventing breaches peace criminal appeals held neither interest supported conviction acknowledging yet decided whether government may criminally sanction flag desecration order preserve flag symbolic value texas nevertheless concluded decision west virginia board education barnette suggested furthering interest curtailing speech impermissible recognizing right differ centerpiece first amendment freedoms explained government mandate fiat feeling unity citizens therefore government carve symbol unity prescribe set approved messages associated symbol mandate status feeling symbol purports represent noting state shown flag grave immediate danger barnette supra stripped symbolic value texas also decided flag special status endangered johnson conduct state goal preventing breaches peace concluded statute drawn narrowly enough encompass flag burnings likely result serious disturbance peace fact emphasized flag burning particular case threaten reaction serious offense occurred admitted breach peace record reflect situation potentially explosive one equate serious offense incitement breach peace also stressed another texas statute tex penal code ann prohibited breaches peace citing boos barry decided demonstrated texas ability prevent disturbances peace without punishing flag desecration reversed johnson conviction ground unconstitutional applied state address johnson argument statute face unconstitutionally vague overbroad granted certiorari affirm ii johnson convicted flag desecration burning flag rather uttering insulting words fact somewhat complicates consideration conviction first amendment must first determine whether johnson burning flag constituted expressive conduct permitting invoke first amendment challenging conviction see spence washington conduct expressive next decide whether state regulation related suppression free expression see spence supra state regulation related expression less stringent standard announced regulations noncommunicative conduct controls see supra outside test must ask whether interest justifies johnson conviction demanding standard see spence supra third possibility state asserted interest simply implicated facts event interest drops picture see first amendment literally forbids abridgment speech long recognized protection end spoken written word rejected view apparently limitless variety conduct labeled speech whenever person engaging conduct intends thereby express idea supra acknowledged conduct may sufficiently imbued elements communication fall within scope first fourteenth amendments spence supra deciding whether particular conduct possesses sufficient communicative elements bring first amendment play asked whether intent convey particularized message present whether likelihood great message understood viewed hence recognized expressive nature students wearing black armbands protest american military involvement vietnam tinker des moines independent community school blacks whites area protest segregation brown louisiana wearing american military uniforms dramatic presentation criticizing american involvement vietnam schacht picketing wide variety causes see food employees logan valley plaza grace especially pertinent case decisions recognizing communicative nature conduct relating flags attaching peace sign flag spence supra refusing salute flag barnette displaying red flag stromberg california held may find shelter first amendment see also smith goguen white concurring judgment treating flag contemptuously wearing pants small flag sewn seat expressive conduct little difficulty identifying expressive element conduct relating flags surprising purpose national flag serve symbol country one might say one visible manifestation two hundred years nationhood rehnquist dissenting thus observed flag salute form utterance symbolism primitive effective way communicating ideas use emblem flag symbolize system idea institution personality short cut mind mind causes nations political parties lodges ecclesiastical groups seek knit loyalty followings flag banner color design barnette supra automatically concluded however action taken respect flag expressive instead characterizing action first amendment purposes considered context occurred spence example emphasized spence taping peace sign flag roughly simultaneous concededly triggered cambodian incursion kent state tragedy state washington conceded fact spence conduct form communication stated state concession inevitable record state texas conceded purposes oral argument case johnson conduct expressive conduct tr oral arg concession seems us prudent washington spence johnson burned american flag part indeed culmination political demonstration coincided convening republican party renomination ronald reagan president expressive overtly political nature conduct intentional overwhelmingly apparent trial johnson explained reasons burning flag follows american flag burned ronald reagan renominated president powerful statement symbolic speech whether agree made time quite position juxtaposition new patriotism patriotism record circumstances johnson burning flag conduct sufficiently imbued elements communication spence implicate first amendment iii government generally freer hand restricting expressive conduct restricting written spoken word see clark community creative dallas stanglin may however proscribe particular conduct expressive elements hat might termed generalized guarantee freedom expression makes communicative nature conduct inadequate basis singling conduct proscription law directed communicative nature conduct must like law directed speech justified substantial showing need first amendment requires community creative watt app scalia dissenting emphasis original rev sub nom clark community creative supra short simply verbal nonverbal nature expression governmental interest stake helps determine whether restriction expression valid thus although recognized speech nonspeech elements combined course conduct sufficiently important governmental interest regulating nonspeech element justify incidental limitations first amendment freedoms supra limited applicability relatively lenient standard cases governmental interest unrelated suppression free expression see also spence supra stating moreover test last analysis little different standard applied time place manner restrictions clark supra highlighted requirement governmental interest question unconnected expression order come less demanding rule order decide whether test applies therefore must decide whether texas asserted interest support johnson conviction unrelated suppression expression find interest asserted state simply implicated facts us need ask whether test applies see spence supra state offers two separate interests justify conviction preventing breaches peace preserving flag symbol nationhood national unity hold first interest implicated record second related suppression expression texas claims interest preventing breaches peace justifies johnson conviction flag desecration however disturbance peace actually occurred threatened occur johnson burning flag although state stresses disruptive behavior protestors march toward city hall brief petitioner admits actual breach peace occurred time flagburning response flagburning state emphasis protestors disorderly actions prior arriving city hall somewhat surprising given charges brought basis conduct also fails show disturbance peace likely reaction johnson conduct evidence offered state trial show reaction johnson actions testimony several persons seriously offended flag burning state position therefore amounts claim audience takes serious offense particular expression necessarily likely disturb peace expression may prohibited basis precedents countenance presumption contrary recognize principal function free speech system government invite dispute may indeed best serve high purpose induces condition unrest creates dissatisfaction conditions even stirs people anger terminiello chicago see also cox louisiana tinker des moines independent community school dist coates cincinnati hustler magazine falwell odd indeed conclude speaker opinion gives offense consequence reason according constitutional protection fcc pacifica foundation opinion stevens government may ban expression certain disagreeable ideas unsupported presumption disagreeableness provoke violence thus permitted government assume every expression provocative idea incite riot instead required careful consideration actual circumstances surrounding expression asking whether expression directed inciting producing imminent lawless action likely incite produce action brandenburg ohio reviewing circumstances surrounding rally speeches ku klux klan accept texas arguments need demonstrate potential breach peace brief petitioner every flag burning necessarily possesses potential eviscerate holding brandenburg decline johnson expressive conduct fall within small class fighting words likely provoke average person retaliation thereby cause breach peace chaplinsky new hampshire reasonable onlooker regarded johnson generalized expression dissatisfaction policies federal government direct personal insult invitation exchange fisticuffs see cantwell connecticut fcc pacifica foundation supra opinion stevens thus conclude state interest maintaining order implicated facts state need worry holding disable preserving peace suggest first amendment forbids state prevent imminent lawless action brandenburg supra fact texas already statute specifically prohibiting breaches peace tex penal code ann tends confirm texas need punish flag desecration order keep peace see boos barry state also asserts interest preserving flag symbol nationhood national unity spence acknowledged government interest preserving flag special symbolic value directly related expression context activity affixing peace symbol flag equally persuaded interest related expression case johnson burning flag state apparently concerned conduct lead people believe either flag stand nationhood national unity instead reflects less positive concepts concepts reflected flag fact exist enjoy unity nation concerns blossom person treatment flag communicates message thus related suppression free expression within meaning thus outside test altogether iv remains consider whether state interest preserving flag symbol nationhood national unity justifies johnson conviction spence confronted case prosecution expression idea activity ccordingly must examine particular care interests advanced petitioner support prosecution johnson add prosecuted expression idea prosecuted expression dissatisfaction policies country expression situated core first amendment values see boos barry supra frisby schultz moreover johnson prosecuted knew politically charged expression cause serious offense burned flag means disposing dirty torn convicted flag desecration texas law federal law designates burning preferred means disposing flag condition longer fitting emblem display texas quarrel means disposal brief petitioner texas law thus aimed protecting physical integrity flag circumstances designed instead protect impairments cause serious offense others texas concedes much section reaches severe acts physical abuse flag carried way likely offensive statute mandates intentional knowing abuse kind mistreatment innocent rather intentionally designed seriously offend individuals whether johnson treatment flag violated texas law thus depended likely communicative impact expressive conduct decision boos barry supra tells us restriction johnson expression content based boos considered constitutionality law prohibiting display sign within feet foreign embassy sign tends bring foreign government public odium public disrepute rejecting argument law content neutral justified international law obligation shield diplomats speech offends dignity held emotive impact speech audience secondary effect unrelated content expression plurality opinion see also brennan concurring part concurring judgment according principles announced boos johnson political expression restricted content message conveyed must therefore subject state asserted interest preserving special symbolic character flag exacting scrutiny boos barry supra texas argues interest preserving flag symbol nationhood national unity survives close analysis quoting extensively writings chronicling flag historic symbolic role society state emphasizes special place reserved flag nation brief petitioner quoting smith goguen rehnquist dissenting state argument interest simply maintaining flag symbol something matter symbolizes indeed state position difficult see interest endangered highly symbolic conduct johnson rather state claim interest preserving flag symbol nationhood national unity symbol determinate range meanings brief petitioner according texas one physically treats flag way tend cast doubt either idea nationhood national unity flag referents national unity actually exists message conveyed thereby harmful one therefore may prohibited bedrock principle underlying first amendment government may prohibit expression idea simply society finds idea offensive disagreeable see hustler magazine falwell city council los angeles taxpayers vincent bolger youngs drug products carey brown fcc pacifica foundation young american mini theatres plurality opinion buckley valeo grayned rockford police dept chicago mosley bachellar maryland brown louisiana stromberg california recognized exception principle even flag involved street new york held state may criminally punish person uttering words critical flag rejecting argument conviction sustained ground street failed show respect national symbol may properly demanded every citizen concluded constitutionally guaranteed freedom intellectually diverse even contrary right differ things touch heart existing order encompass freedom express publicly one opinions flag including opinions defiant contemptuous quoting barnette may government held compel conduct evince respect flag sustain compulsory flag salute required say bill rights guards individual right speak mind left open public authorities compel utter mind holding barnette constitution leave course open government justice jackson described one society defining principles words deserving frequent repetition fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein spence held interest asserted texas insufficient support criminal conviction statute taping peace sign american flag given protected character spence expression light fact interest state may preserving physical integrity privately owned flag significantly impaired facts held conviction must invalidated see also goguen supra white concurring judgment convict person sewn flag onto seat pants contemptuous treatment flag convict protect physical integrity protect acts interfering proper use flag punish communicating ideas unacceptable controlling majority legislature short nothing precedents suggests state may foster view flag prohibiting expressive conduct relating bring argument outside precedents texas attempts convince us even interest preserving flag symbolic role allow prohibit words expressive conduct critical flag permit forbid outright destruction flag state argument depend distinction written spoken words nonverbal conduct distinction shown moment nonverbal conduct expressive regulation conduct related expression see supra addition barnette spence involved expressive conduct verbal communication found conduct protected texas focus precise nature johnson expression moreover misses point prior decisions enduring lesson government may prohibit expression simply disagrees message dependent particular mode one chooses express idea hold state may forbid flag burning wherever likely endanger flag symbolic role allow wherever burning flag promotes role example person ceremoniously burns dirty flag saying comes impairing flag physical integrity flag may used symbol substitute written spoken word short cut mind mind one direction permitting state prescribe shall orthodox saying one may burn flag convey one attitude toward referents one endanger flag representation nationhood national unity never held government may ensure symbol used express one view symbol referents indeed schacht invalidated federal statute permitting actor portraying member one armed forces wear uniform armed force portrayal tend discredit armed force quoting proviso held leaves americans free praise war vietnam send persons like schacht prison opposing survive country first amendment perceive basis hold principle underlying decision schacht apply case conclude government may permit designated symbols used communicate limited set messages enter territory discernible defensible boundaries government theory prohibit burning state flags copies presidential seal constitution evaluating choices first amendment decide symbols sufficiently special warrant unique status forced consult political preferences impose citizenry way first amendment forbids us see carey brown moreover indication either text constitution cases interpreting separate juridical category exists american flag alone indeed surprised learn persons framed constitution wrote amendment construe known reverence union jack first amendment guarantee concepts virtually sacred nation whole principle discrimination basis race odious destructive go unquestioned marketplace ideas see brandenburg ohio decline therefore create flag exception joust principles protected first amendment state ends means object gainsaid special place reserved flag nation thus doubt government legitimate interest making efforts preserv national flag unalloyed symbol country spence reject suggestion urged oral argument counsel johnson government lacks state interest whatsoever regulating manner flag may displayed tr oral arg congress example enacted precatory regulations describing proper treatment flag see cast doubt legitimacy interest making recommendations say government interest encouraging proper treatment flag however say may criminally punish person burning flag means political protest national unity end officials may foster persuasion example question problem whether constitution compulsion employed permissible means achievement barnette fortified today conclusion conviction forbidding criminal punishment conduct johnson endanger special role played flag feelings inspires paraphrase justice holmes submit nobody suppose one gesture unknown man change nation attitude towards flag see abrams holmes dissenting indeed texas argument burning american flag act high likelihood cause breach peace brief petitioner quoting sutherland dewulf supp sd citation omitted statute implicit assumption physical mistreatment flag lead serious offense tend confirm flag special role danger one riot take offense flag burned tempted say fact flag deservedly cherished place community strengthened weakened holding today decision reaffirmation principles freedom inclusiveness flag best reflects conviction toleration criticism johnson sign source strength indeed one proudest images flag one immortalized national anthem bombardment survived fort mchenry nation resilience rigidity texas sees reflected flag resilience reassert today way preserve flag special role punish feel differently matters persuade wrong courageous men confidence power free fearless reasoning applied processes popular government danger flowing speech deemed clear present unless incidence evil apprehended imminent may befall opportunity full discussion time expose discussion falsehood fallacies avert evil processes education remedy applied speech enforced silence whitney california brandeis concurring precisely flag involved one response flag burner may exploit uniquely persuasive power flag imagine appropriate response burning flag waving one better way counter flag burner message saluting flag burns surer means preserving dignity even flag burned one witness according remains respectful burial consecrate flag punishing desecration dilute freedom cherished emblem represents johnson convicted engaging expressive conduct state interest preventing breaches peace support conviction johnson conduct threaten disturb peace state interest preserving flag symbol nationhood national unity justify criminal conviction engaging political expression judgment texas criminal appeals therefore affirmed footnotes desecration venerated object person commits offense intentionally knowingly desecrates public monument place worship burial state national flag purposes section desecrate means deface damage otherwise physically mistreat way actor knows seriously offend one persons likely observe discover action offense section class misdemeanor prosecutor closing argument observed johnson led protestors chants denouncing flag burned johnson suggests may convicted uttering critical words rather burning flag brief respondent relies street new york reversed conviction obtained new york statute prohibited publicly defying casting contempt flag either words act persuaded defendant may convicted words alone unlike law faced street however texas statute face permit conviction remarks critical flag johnson admits see brief respondent jury case told convict johnson flag desecration found uttered words critical flag referents johnson emphasizes though jury instructed according texas law parties person criminally responsible offense committed conduct another acting intent promote assist commission offense solicits encourages directs aids attempts aid person commit offense quoting record state offered instruction johnson defense person burned flag johnson object instruction trial although challenged direct appeal ground insufficient evidence support tex app johnson argued instruction might led jury convict words alone even find argument properly raised however conclude merit circumstances instruction permitted conviction merely pejorative nature johnson words words encourage burning flag instruction seems require given additional fact bulk state argument premised johnson culpability sole actor find unlikely jury convicted johnson basis alternative theory consider reversing conviction ground although johnson raised facial challenge texas statute choose resolve case basis claim statute applied violates first amendment section regulates physical conduct respect flag written spoken word although one violates statute one knows one physical treatment flag seriously offend one persons likely observe discover action tex penal code ann fact necessarily mean statute applies expressive conduct protected first amendment cf smith goguen white concurring judgment statute prohibiting contemptuous treatment flag encompasses expressive conduct tired person might example drag flag mud knowing conduct likely offend others yet thought expressing idea neither language texas courts interpretations statute precludes possibility person prosecuted flag desecration prosecution person engaged expressive conduct pose different case case may disposed narrower grounds address johnson claim applied political expression like violates first amendment relying decision boos barry johnson argues state interest related suppression free expression within meaning reasons violent reaction flag burnings feared texas result message conveyed fact connects state interest suppression expression brief respondent view found favor lower courts see monroe state fulton county johnson theory may overread boos insofar suggests desire prevent violent audience reaction related expression way desire prevent audience offended related expression find state interest preventing breaches peace implicated facts however need venture area course tension argument state claim one need actually cause serious offense order violate see brief petitioner cf smith goguen blackmun dissenting emphasizing lower appeared construed state statute protect physical integrity flag circumstances rehnquist dissenting texas suggests johnson conviction depend onlookers reaction flag burning violated person physically mistreats flag way knows seriously offend one persons likely observe discover action tex penal code ann emphasis added serious offense language statute texas argues refers individual intent manner conduct effectuated reaction crowd brief petitioner statute aimed actor intent communicative impact actions however little reason law triggered audience likely present johnson trial indeed state seems seen distinction knowledge actual communicative impact stresses proved element knowledge offering testimony persons fact seriously offended johnson conduct event find distinction texas statute one dependent actual audience reaction precious constitutional significance kinds statutes clearly aimed protecting onlookers offended ideas expressed prohibited activity inquiry course bounded particular facts case statute johnson convicted evidence johnson stole flag burned tr oral arg prosecution arguments urged support depend theory flag stolen ibid thus analysis rely way flag acquired nothing opinion taken suggest one free steal flag long one later uses communicate idea also emphasize johnson prosecuted flag desecration trespass disorderly conduct arson texas claims texas endorsing protecting avowing prohibiting particular philosophy brief petitioner texas means suggest asserted interest prefer democrats socialists republicans democrats example beside point johnson rely argument argues instead state desire maintain flag symbol nationhood national unity assumes one proper view flag thus texas means argue interest prefer viewpoint another mistaken surely one attitude toward flag referents viewpoint decision halter nebraska addressing validity state law prohibiting certain commercial uses flag contrary case decided nearly years concluded first amendment applies virtue fourteenth amendment spence washington important continually emphasized halter case involved purely commercial rather political speech san francisco arts athletics olympic committee addressing validity congress decision authoriz olympic committee prohibit certain commercial promotional uses word olympic relied upon chief justice dissent post even begin tell us whether government may criminally punish physical conduct towards flag engaged means political protest chief justice dissent appears believe johnson conduct may prohibited indeed criminally sanctioned act conveyed nothing conveyed conveyed forcefully dozen different ways post assertion sit uneasily next dissent quite correct reminder flag occupies unique position society demonstrates messages conveyed without use flag forcefu conveyed also ignores fact spence supra rejected summarily claim see justice kennedy concurring write qualify words justice brennan chooses well says power necessary explain ruling join opinion without reservation keen sense case like others us time time exacts personal toll prompts add pages remarks case us illustrates better judicial power often difficult exercise ask another branch share responsibility argument made statute flawed incomplete presented clear simple statute judged pure command constitution outcome laid door hard fact sometimes must make decisions like make right right sense law constitution see compel result great commitment process except rare case pause express distaste result perhaps fear undermining valued principle dictates decision one rare cases colleagues dissent advance powerful arguments respondent may convicted expression reminding us among dismayed holding singular honor carrying flag battle agree flag holds lonely place honor age absolutes distrusted simple truths burdened unneeded apologetics respect views believe constitution gives us right rule dissenting members urge however painful judgment announce though symbols often make flag constant expressing beliefs americans share beliefs law peace freedom sustains human spirit case today forces recognition costs beliefs commit us poignant fundamental flag protects hold contempt record shows respondent philosopher perhaps even possess ability comprehend repellent statements must republic whether appreciate enormity offense gave fact remains acts speech technical fundamental meaning constitution agree must go free chief justice rehnquist justice white justice join dissenting holding texas statute unconstitutional ignores justice holmes familiar aphorism page history worth volume logic new york trust eisner years american flag occupied unique position symbol nation uniqueness justifies governmental prohibition flag burning way respondent johnson time american revolution flag served unify thirteen colonies home obtaining recognition national sovereignty abroad ralph waldo emerson concord hymn describes first skirmishes revolutionary war lines rude bridge arched flood flag april breeze unfurled embattled farmers stood fired shot heard round world flag thirteen thirteen stripes alternate red white union thirteen stars white blue field representing new constellation journal continental congress ford ed war british naval forces sailed chesapeake bay marched overland sack burn city washington sailed patapsco river invest city baltimore first necessary reduce fort mchenry baltimore harbor francis scott key washington lawyer granted permission british board one warships negotiate release american taken prisoner night waiting anxiously british ship key watched british fleet firing fort mchenry finally daybreak saw fort american flag still flying british attack failed intensely moved began scribble back envelope poem became national anthem say see dawn early light proudly hail twilight last gleaming whose broad stripes bright stars perilous fight ramparts watch gallantly streaming rocket red glare bomb bursting air gave proof night flag still say banner yet wave land free home brave one great stories civil war told john greenleaf whittier poem barbara frietchie meadows rich corn clear cool september morn clustered spires frederick stand hills maryland round orchards sweep fruited deep fair garden lord eyes famished rebel horde pleasant morn early fall lee marched mountain wall mountains winding horse foot frederick town forty flags silver stars forty flags crimson bars flapped morning wind sun noon looked saw one rose old barbara frietchie bowed fourscore years ten bravest frederick town took flag men hauled staff set show one heart loyal yet street came rebel tread stonewall jackson riding ahead slouched hat left right glanced old flag met sight halt ranks stood fast fire blazed shivered window pane sash rent banner seam gash quick fell broken staff dame barbara snatched silken scarf leaned far shook forth royal shoot must old gray head spare country flag said shade sadness blush shame face leader came nobler nature within stirred life woman deed word touches hair yon gray head dies like dog march said day long frederick street sounded tread marching feet day long free flag tost heads rebel host ever torn folds rose fell loyal winds loved well sunset light shone warm barbara frietchie work rebel rides raids honor let tear fall sake stonewall bier barbara frietchie grave flag freedom union wave peace order beauty draw round thy symbol light law ever stars look thy stars frederick town korean war successful amphibious landing american troops inchon marked raising american flag within hour event impetus enactment federal flag desecration statute came impact flag burnings troop morale vietnam representative mendel rivers chairman house armed services committee testified burning flag caused mail increase percent boys vietnam writing asking going america desecration flag hearings house committee judiciary representative charles wiggins stated public act desecration flag tends undermine morale american troops finding true attested many members received correspondence servicemen expressing shock disgust conduct cong rec flag symbolizes nation peace well war signifies national presence battleships airplanes military installations public buildings capitol thousands county courthouses city halls throughout country two flags prominently placed courtroom countless flags placed graves loved ones year first called decoration day called memorial day flag traditionally placed casket deceased members armed forces later given deceased family congress provided flag flown upon death president vice president government officials mark respect memory flag identifies merchant ships laws union protect commerce wherever flag country may float guthrie american symbol universally honored flag congress declared banner national anthem congress declared june flag day john philip sousa stars stripes forever designated national march pub stat congress also established pledge allegiance flag manner deliverance flag appeared principal symbol approximately postal stamps design least times symbol postal service definitive mint set congress enacted numerous laws regulating misuse american flag congress left regulation misuse flag however provides whoever knowingly casts contempt upon flag publicly mutilating defacing defiling burning trampling upon shall fined imprisoned one year american flag throughout years history come visible symbol embodying nation represent views particular political party represent particular political philosophy flag simply another idea point view competing recognition marketplace ideas millions millions americans regard almost mystical reverence regardless sort social political philosophical beliefs may agree first amendment invalidates act congress laws make criminal public burning flag years ago halter nebraska upheld constitutionality nebraska statute forbade use representations american flag advertising purposes upon articles merchandise said flag every true american simply appreciation deep affection hence often occurred insults flag cause war indignities put upon presence revere often resented sometimes punished spot insists texas statute prohibiting public burning american flag infringes respondent johnson freedom expression freedom course absolute see schenck chaplinsky new hampshire unanimous said allowing broadest scope language purpose fourteenth amendment well understood right free speech absolute times circumstances certain narrowly limited classes speech prevention punishment never thought raise constitutional problem include lewd obscene profane libelous insulting fighting words utterance inflict injury tend incite immediate breach peace well observed utterances essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality footnotes omitted may equally well said public burning american flag johnson essential part exposition ideas time tendency incite breach peace johnson free make verbal denunciation flag wished indeed free burn flag private publicly burn symbols government effigies political leaders lead march streets dallas conducted rally front dallas city hall engaged protest nuclear weapons shouted various slogans march including reagan mondale either one means world war iii ronald reagan killer hour perfect example power red white blue spit stand plunder go brief respondent none acts arrested prosecuted proceeded burn publicly american flag stolen rightful owner violated texas statute say chaplinsky utterances expressive phrases clearly succinctly conveyed extremely low opinion addressee may said johnson public burning flag case obviously convey johnson bitter dislike country act like chaplinsky provocative words conveyed nothing conveyed conveyed forcefully dozen different ways fighting words flag burning purposes first amendment essential part exposition ideas slight social value step truth benefit may derived clearly outweighed public interest avoiding probable breach peace highest courts several upheld state statutes prohibiting public burning flag grounds inherently inflammatory may cause breach public order see state royal state waterman iowa see also state mitchell ohio app result texas statute obviously deny one johnson frame mind one many means symbolic speech far case one picture worth thousand words flag burning equivalent inarticulate grunt roar seems fair say likely indulged express particular idea antagonize others five years ago said city council los angeles taxpayers vincent first amendment guarantee right employ every conceivable method communication times places texas statute deprived johnson one rather inarticulate symbolic form protest form protest profoundly offensive many left full panoply symbols every conceivable form verbal expression express deep disapproval national policy thus way said texas punishing hearers group people profoundly opposed message sought convey opposition proper basis restricting speech expression first amendment johnson use particular symbol idea sought convey many expressions punished prior cases dealing flag desecration statutes left open question resolves today street new york defendant burned flag street shouting need damned flag let happen meredith need american flag ruled since defendant might convicted solely basis words conviction stand expressly reserved question whether defendant constitutionally convicted burning flag chief justice warren dissent stated believe federal government power protect flag acts desecration disgrace difficult imagine faced issue concluded otherwise justices black fortas also expressed personal view prohibition flag burning violate constitution see black dissenting passes belief anything federal constitution bars state making deliberate burning american flag offense fortas dissenting federal government power protect flag acts desecration committed public flag special kind personality use traditionally universally subject special rules regulation person may flag ownership subject special burdens responsibilities flag may property sense property burdened peculiar obligations restrictions certainly special conditions per se arbitrary beyond governmental power constitution spence washington reversed conviction college student displayed flag peace symbol affixed means removable black tape window apartment unlike instant case risk breach peace one arresting officers saw flag defendant owned flag question concluded student conduct protected first amendment interest state may preserving physical integrity privately owned flag significantly impaired facts careful note however defendant charged desecration statute permanently disfigure flag destroy ibid another related case smith goguen appellee wore small flag seat trousers convicted massachusetts statute subjected criminal liability anyone publicly treats contemptuously flag affirmed lower reversal appellee conviction phrase treats contemptuously unconstitutionally broad vague careful point ertainly nothing prevents legislature defining substantial specificity constitutes forbidden treatment flags see also white concurring judgment flag national property nation may regulate make imitate sell possess use question statutes proscribe mutilation defacement burning flag otherwise protect physical integrity without regard whether conduct might provoke violence seem little question power congress forbid mutilation lincoln memorial flag monument subject similar protection blackmun dissenting goguen punishment constitutionally permissible harming physical integrity flag wearing affixed seat pants today none uniquely deep awe respect flag felt virtually us bundled rubric designated symbols ante first amendment prohibits government establishing government established feeling years history done government simply recognizing fact profound regard american flag created history enacts statutes prohibiting disrespectful public burning flag concludes opinion regrettably patronizing civics lecture presumably addressed members houses congress members state legislatures enacted prohibitions flag burning troops fighting flag vietnam objected burned way preserve flag special role punish feel differently matters persuade wrong ante role final expositor constitution well established role platonic guardian admonishing responsible public opinion truant schoolchildren similar place system government cry taxation without representation animated revolted english crown found nation idea submitted government say kind laws passed surely one high purposes democratic society legislate conduct regarded evil profoundly offensive majority people whether murder embezzlement pollution flag burning constitution wisely places limits powers legislative majorities act declaration limits times question much delicacy seldom ever decided affirmative doubtful case fletcher peck cranch marshall uncritical extension constitutional protection burning flag risks frustration purpose organized governments instituted decides american flag another symbol must opinions pro con tolerated minimal public respect may enjoined government may conscript men armed forces must fight perhaps die flag government may prohibit public burning banner fight uphold texas statute applied case see code rev stat ann ark code ann cal mil vet code ann west rev stat stat del code tit stat code ann haw rev stat idaho code rev ch ind code iowa code supp stat ann rev stat ann michie supp la rev stat ann west rev stat tit md ann code art mass laws comp laws stat miss code ann mo rev stat supp mont code ann neb rev stat rev stat rev stat ann stat ann west stat ann gen bus law mckinney stat cent code ohio rev code ann okla tit rev stat cons stat laws code supp codified laws code ann tex penal code ann utah code ann stat tit code rev code code stat holding texas statute applied johnson violates first amendment consider johnson claims statute unconstitutionally vague overbroad brief respondent think claims without merit new york state club assn city new york stated facial challenge proper first amendment statute never applied permissible manner even may validly applied particular defendant broad reach protected speech third parties tex penal code ann may satisfy intent finding fault cost set terms ordinary person exercising ordinary common sense sufficiently understand comply csc letter carriers defining desecrate deface damage otherwise physically mistreat manner actor knows seriously offend others prohibits flagrant acts physical abuse destruction flag sort issue soaking flag lighter fluid igniting public examples improper flag etiquette cited respondent brief justice stevens dissenting analyzes case presents question whether state texas indeed federal government power prohibit public desecration american flag question unique judgment rules apply host symbols state flags armbands various privately promoted emblems political commercial identity necessarily controlling even flag burning considered another species symbolic speech logical application rules developed interpretation first amendment contexts case intangible dimension makes rules inapplicable country flag symbol nationhood national unity ante also signifies ideas characterize society chosen emblem well special history animated growth power ideas tricolor symbolized nationhood national unity vastly different meanings message conveyed flags swastika example may survive long outlived usefulness symbol regimented unity particular nation american flag proud symbol courage determination gifts nature transformed fledgling colonies world power symbol freedom equal opportunity religious tolerance good peoples share aspirations symbol carries message dissidents home abroad may interest national unity survival value flag symbol measured even doubt interest preserving value future significant legitimate conceivably value enhanced conclusion national commitment free expression strong even ultimate guarantor freedom without power prohibit desecration unique symbol unpersuaded creation federal right post bulletin boards graffiti washington monument might enlarge market free expression cost pay similarly considered judgment sanctioning public desecration flag tarnish value cherish ideas waves desire robes martyrdom burning tarnish justified trivial burden free expression occasioned requiring available alternative mode expression including uttering words critical flag see street new york employed appropriate emphasize certain propositions implicated case statutory prohibition flag desecration prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein west virginia board education barnette statute compel conduct profession respect idea symbol statute violate government paramount obligation neutrality regulation protected communication young american mini theatres plurality opinion content respondent message relevance whatsoever case concept desecration turn substance message actor intends convey rather whether view act take serious offense accordingly one intending convey message respect flag burning public square might nonetheless guilty desecration knows others perhaps simply misperceive intended message seriously offended indeed even actor knows possible witnesses understand intends send message respect might still guilty desecration also knows understanding lessen offense taken witnesses thus case fact speaker opinion gives offense provides special reason according constitutional protection fcc pacifica foundation plurality opinion case nothing disagreeable ideas see ante involves disagreeable conduct opinion diminishes value important national asset therefore quite wrong blandly asserting respondent prosecuted expression dissatisfaction policies country expression situated core first amendment values ante respondent prosecuted method chose express dissatisfaction policies chosen perhaps convey motion picture projector message dissatisfaction facade lincoln memorial question power government prohibit means expression prohibition supported legitimate interest preserving quality important national asset though asset stake case intangible given unique value interest supports prohibition desecration american flag ideas liberty equality irresistible force motivating leaders like patrick henry susan anthony abraham lincoln schoolteachers like nathan hale booker washington philippine scouts fought bataan soldiers scaled bluff omaha beach ideas worth fighting history demonstrates true flag uniquely symbolizes power worthy protection unnecessary desecration respectfully dissent suggests prohibition flag desecration content neutral form symbolic speech used persons critical flag ideas represents making suggestion pause consider consequences introduction analysis first amendment jurisprudence seems obvious prohibition desecration gravesite content neutral even denies protesters right make symbolic statement extinguishing flame arlington cemetery john kennedy buried permitting others salute flame bowing heads doubt protester extinguishes flame desecrated gravesite regardless whether prefaces act speech explaining purpose express deep admiration unmitigated scorn late president likewise claim protester bows head desecrated gravesite even makes clear purpose show disrespect case flag burning case prohibition desecration absolutely nothing content message symbolic speech intended convey