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Texas v. Johnson

491 U.S. 397 · Decided June 21, 1989 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Texas v. Johnson was decided on June 21, 1989 by a vote of 5–4. The Court affirmed the lower court's decision. Justice William J. Brennan Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Protest demonstrations” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
491 U.S. 397 · 109 S. Ct. 2533 · 105 L. Ed. 2d 342 · 1989 U.S. LEXIS 3115
Docket number
88-155
Decided
June 21, 1989
Argued
March 21, 1989
Decision type
Opinion of the Court (orally argued)
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
5–4
Majority opinion
William J. Brennan Jr.
Opinion assigned by
William J. Brennan Jr.
How the case arrived
Certiorari
Issue area
First Amendment
Legal provision
First Amendment (speech, press, and assembly)
Type of law
Constitutional amendment
Held unconstitutional
A state or territorial law, regulation or constitutional provision
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William J. Brennan Jr.MajorityWrote an opinion
Justice Byron R. WhiteDissent
Justice Thurgood MarshallMajority
Justice Harry A. BlackmunMajority
Chief Justice William H. RehnquistDissentWrote an opinion
Justice John Paul StevensDissentWrote an opinion
Justice Sandra Day O'ConnorDissent
Justice Antonin ScaliaMajority
Justice Anthony M. KennedyConcurrenceWrote an opinion

Full case caption

Texas v. Johnson

SCDB identifiers: case 1988-124, docket 1988-124-01.

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error