The court first found that Johnson's actions were protected
under the free speech clause under the First Amendment. The
court also found that since the action was not violent in nature
and did not create a disturbance that it was not criminally
sanctioned flag desecration. The case then went the U.S. 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