Johnson participated in a political protest outside the 1984 Repbulican National Convention in Dallas, Texas. At the end of the protest Johnson poured kerosene on an American flag and set it on fire. Several witnesses not participating in the protest were offended at Johnson's actions. At the time Texas had a statute which made it a crime to desecrate a state or national flag. Johnson was charged and convicted under this law. He appealed, arguing taht the law was an unconstitutional infringement on his First Amendment rights.
 
 

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