The ambiguity with regard to flag-burning statutes was eliminated in '' Texas v. Johnson '' ( 1989 ) . In that case , Gregory Lee Johnson burned an American flag at a demonstration during the 1984 Republican National Convention in Dallas , Texas . Charged with violating a Texas law prohibiting the vandalizing of venerated objects , Johnson was convicted , sentenced to one year in prison , and fined $ 2,000 . The Supreme Court reversed his conviction in a 5 – 4 vote . Justice William J. Brennan , Jr. wrote in the decision that " if there is a bedrock principle underlying the First Amendment , it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable . " Congress then passed a federal law barring flag burning , but the Supreme Court struck it down as well in '' United States v. Eichman '' ( 1990 ) . A Flag Desecration Amendment to the U.S. Constitution has been proposed repeatedly in Congress since 1989 , and in 2006 failed to pass the Senate by a single vote
1984 Republican National Convention
1984 Republican National Convention
First Amendment to the United States Constitution