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.
22:44
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Quick takeaways
- The Supreme Court's 1989 ruling in Texas v. Johnson asserted that flag burning is a protected form of political free speech under the First Amendment.
- The historical context surrounding flag desecration laws illustrates the ongoing societal struggles between nationalism and political dissent throughout American history.
Deep dives
Supreme Court Ruling on Flag Burning
On June 21, 1989, the U.S. Supreme Court ruled in a narrow 5-4 decision that burning the American flag is protected as free speech under the First Amendment. This significant ruling arose from the case Texas v. Johnson, wherein Gregory Lee Johnson burned a flag in protest of President Reagan's policies during the 1984 Republican National Convention. His act was a direct challenge to the prevailing use of patriotism to justify controversial government actions, such as military involvement in Nicaragua and Grenada. The Court's decision underscored the importance of protecting dissenting voices in a democratic society, positioning flag burning as a legitimate expression of political dissent rather than a criminal act.
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