Which case held that desecration of the U.S. flag as protest is protected as symbolic speech?

Which case held that desecration of the U.S. flag as protest is protected as symbolic speech?

• A. West Virginia v. Barnette
• B. Texas v. Johnson
• C. Near v. Minnesota
• D. Schenck v. United States

Answer: (B)

Symbolic speech—the idea that expressive actions can convey political ideas and be protected by the First Amendment—is the central concept here. In Texas v. Johnson, the Supreme Court held that burning the American flag as part of a political protest communicates a message and is protected expression under the First Amendment. The Court rejected treating flag desecration as unprotected conduct simply because the act is offensive; the government cannot suppress speech just because it dislikes the message or the method of expression. As a result, a state law criminalizing flag desecration was struck down because it punished a form of political expression. For context, other listed cases deal with different First Amendment issues. West Virginia v. Barnette concerns compelled flag salutes, not desecration; Near v. Minnesota addresses prior restraint on the press; Schenck v. United States concerns limits on speech during wartime. The flag-desecration point related to protection of expressive conduct, which Texas v. Johnson established.

Symbolic speech—the idea that expressive actions can convey political ideas and be protected by the First Amendment—is the central concept here. In Texas v. Johnson, the Supreme Court held that burning the American flag as part of a political protest communicates a message and is protected expression under the First Amendment. The Court rejected treating flag desecration as unprotected conduct simply because the act is offensive; the government cannot suppress speech just because it dislikes the message or the method of expression. As a result, a state law criminalizing flag desecration was struck down because it punished a form of political expression.

For context, other listed cases deal with different First Amendment issues. West Virginia v. Barnette concerns compelled flag salutes, not desecration; Near v. Minnesota addresses prior restraint on the press; Schenck v. United States concerns limits on speech during wartime. The flag-desecration point related to protection of expressive conduct, which Texas v. Johnson established.