Argument #1
The Court should rule in favor of the state of Texas since Johnson violated the law which made it a crime to desecrate the flag. Several witnesses testified that they were seriously offended by the flag burning.

Argument #2
The Court should rule in favor of Mr. Johnson. The law outlawing flag desecration is unconstitutional because it makes illegal an action which is protected under the First Amendment. No violence resulted from the flag burning.