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Supreme Court to be argued on March 21, 1989.
The Supreme Court had to find if Johnson's conviction of burning of the flag and breaking a Texas law was consistent with the First Amendment. In a 5-4 decision, the court found that it was not consistent with the First Amendment and that Johnson's conviction under Texas law was unconstitutional. Justice Brennan delivered the opinion of the court. In order to convict Johnson, the state asserted two interests: preserving the flag as a symbol of national unity and preventing the breaches of the peace.
The Texas Court of Criminal Appeals first found that Johnson alone was the one that was convicted and that his actions were symbolic in nature and under the circumstances of the event that it was held at, the Democratic National Convention...
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