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
- Court era
- Rehnquist Court
- 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 (SCDB)
- Protest demonstrations
- 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
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | Wrote an opinion |
| Justice Byron R. White | Dissent | |
| Justice Thurgood Marshall | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Chief Justice William H. Rehnquist | Dissent | Wrote an opinion |
| Justice John Paul Stevens | Dissent | Wrote an opinion |
| Justice Sandra Day O'Connor | Dissent | |
| Justice Antonin Scalia | Majority | |
| Justice Anthony M. Kennedy | Concurrence | Wrote an opinion |
Full case caption
Texas v. Johnson
SCDB identifiers: case 1988-124, docket 1988-124-01.
Related decisions
Other cases on “Protest demonstrations”
- Federal Trade Commission v. Superior Court Trial Lawyers Association
- United States v. Shawn D. EichmanLaw held unconstitutional
- Michael Boos, J. Michael Waller and Bridget Brooker v. Marion S. Barry, Jr.Law held unconstitutional
- City of Houston v. HillLaw held unconstitutional
- Rav v. City of St. PaulLaw held unconstitutional
- United States v. Albertini
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- The Florida Star v. B. J. F.Law held unconstitutional
- Massachusetts v. Oakes
- Ward v. Rock Against Racism
- Board of Trustees of the State University of New York v. Fox
- Thornburgh v. AbbottAltered precedent
- Eu v. San Francisco County Democratic Central CommitteeLaw held unconstitutional
Same Term, same area (First Amendment)
- Carlucci v. Doe
- Texas Monthly, Inc. v. BullockLaw held unconstitutional
- Fort Wayne Books, Inc. v. Indiana
- Eu v. San Francisco County Democratic Central CommitteeLaw held unconstitutional
- Frazee v. Illinois Department of Employment Security
- City of Dallas v. Stanglin
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