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The court held that the First Amendment prevented the state from punishing Johnson for burning the flag in those circumstances. The court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. The court concluded that Texas could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity. It also held that the statute did not meet the state's goal of preventing breaches of the peace, since it was not drawn narrowly enough to encompass only those flag burnings that would likely result in a serious disturbance, and since the flag burning in this case did not threaten such a reaction...
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