This Day Flag Burning Is Free Speech (1989) w/ Michael Liroff
Jun 25, 2023
Michael Liroff, a lawyer and co-host of the 5-4 Podcast, joins the conversation to dissect a pivotal Supreme Court ruling from 1989 that affirmed flag burning as free speech. He delves into Gregory Lee Johnson's motivations for his infamous protest at the 1984 Republican National Convention, critiquing American foreign policy of the time. The discussion also explores the flag's evolving role as a symbol of dissent and patriotism, and how this ruling reshapes our understanding of free speech rights in America.
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Flag Burning Affirmed As Speech
- Texas v. Johnson (1989) marked a key moment affirming flag burning as protected political speech.
- This case cemented broad First Amendment protections for expressive conduct against government punishment.
Johnson's Motivations for Flag Burning
- Gregory Lee Johnson burned the flag in protest of Reagan's 1984 renomination and U.S. foreign policy.
- His goal was to 'puncture' the nationalist atmosphere at the Republican National Convention.
Flag Burning as Free Speech Landmark
- The case stands as a high watermark for free speech, reinforcing the right to political dissent.
- It contrasts with earlier laws punishing criticism, marking progress in American free speech doctrine.