"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. . . ." —Justice William Brennan, speaking for the majority

In a political demonstration during the Republican National Convention in Texas, protesting the policies of the Reagan Administration and of certain corporations based in Dallas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire. No one was hurt or threatened with injury, but some witnesses said they were seriously offended, and Johnson was charged and convicted with the desecration of a venerated object, in violation of the Texas Penal Code. In a split decision, the Supreme Court determined that Johnson’s actions were symbolic speech protected by his First Amendment Rights.

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About the materials

These materials were developed for students of various skill levels, and teachers should choose the level that works best for their students.  Answers to the background questions, vocabulary, and activities can be found in the FOR TEACHERS ONLY tab under each case.

Background summary and questions to consider (by reading level)

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Important vocabulary (by reading level)

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Legal Concepts

• Freedom of Speech

Other useful background information

• Diagram of how the case moved through the court system

Street Law Activities*

The Case

• What Is Symbolic Speech?  When Is It Protected?
• The Amendment Process
• Forms of Political Protest
• Political Cartoon Analysis: Hayworth the Bear
• Data Analysis: How Do Americans Feel about a Constitutional Amendment to Protect the Flag?

After the Case

• WebQuest: Should the United States Enact a Constitutional Amendment to Prohibit Flag Burning?

* Answers to the background questions, vocabulary, and activities can be found in the FOR TEACHERS ONLY tab under each case.

Teaching strategies used

• Continuum
• Political Cartoon Analysis

Planning time and activities

If you have one day . . .

• Begin class with a continuum activity regarding students' opinions about the constitutional amendment to prohibit flag burning.
• Have students read the appropriate Background Summary (•) and answer the questions. Discuss.
• Complete What is Symbolic Speech? When is it Protected? Be sure to go over the last question, which asks students to predict the outcome of the case.
• For homework, have students complete Data Analysis: How do Americans feel about a Constitutional Amendment to Protect the Flag.

If you have two days . . .

• Complete all activities for the first day.
• On the second day, discuss the activity that students completed for homework. Compare the opinions of students in the class (as noted in the continuum activity on day one) with the opinions of the American public as a whole.
• Next, complete WebQuest.
  
  

If you have three days . . .

• Complete all activities for the first and second days.
• On the third day, begin the WebQuest activity.
• Have students work on the WebQuest for homework.

If you have four days . . .

• Complete all activities for the first, second, and third days.
• On the fourth day, complete the WebQuest activity. Students can begin writing the letter in class and finish it for homework.
• Consider wrapping up the case by using the same continuum activity regarding students' opinions about the constitutional amendment to prohibit flag burning that you did on the first day. This would allow you to determine whether students' opinions had changed.
• The Political Cartoon Analysis can also be used as a wrap-up feature.
  
  (Note to teachers: The Data Analysis and Political Cartoon Analysis activities could easily be incorporated into a test or quiz. Honors level students could probably do the WebQuest as a two-day activity, without any of the preceding activities.)

• Key excerpts from the majority opinion
• Key excerpts from the dissenting opinion
• Summary of the decision
• Full text of the majority opinion (external link)

Recommended resources

• Listen to the oral arguments

For Teachers Only