On June 21, 1989 the Supreme Court came to a decision on a case that had been brought before them on March 21, of that same year. 491 U.S. 397, better known as Texas vs. Johnson, was the first case in which the Supreme Court looked at the issue of flag burning head on.
The case involved Gregory Lee Johnson, who was a member of the Revolutionary Communist Youth Brigade, which itself was the youth wing of the Revolutionary Communist Party, USA. Johnson, outside the 1984 Republican National Convention in Dallas, burned an American flag while others protesting in his group chanted “America, the red, white, and blue, we spit on you”.
Johnson was convicted of desecrating a venerated object in violation of a Texas statute and was sentenced in the Dallas County Criminal Court to one year in prison and a fine of $2,000. The intermediate Texas appellate court affirmed the conviction, but the Texas Court of Criminal Appeals (the final court of appeals for criminal cases in Texas) reversed the conviction. The court held that the First Amendment prevented the state from punishing Johnson for burning the flag in those circumstances. The court found that Johnson’s burning of the flag was expressive conduct protected by the First Amendment.
In his opinion, Justice William J. Brennan wrote:
If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
Today, just over 18 years since the SCOTUS gave the green light to scumbags and hippies everywhere to desecrate the American Flag , 46-year old David Bohmfalk is in a legal mess with the city of San Antonio, TX for exercising his First Amendment rights and burning a flag — albeit the Mexican flag.
It caused some controversy, but it was supposed to. Now, one man is headed to municipal court for burning a Mexican flag in protest in front of the Alamo.
The city is charging 46-year old David Bohmfalk with burning without a permit, even though no one gives permits to burn a flag.
“I was raised to respect my country,” Bohmfalk said.
All the rallies and talk of amnesty for undocumented immigrants in May 2006 lit the fires of patriotism for Bohmfalk, he said.
“I just got angry,” he said. “I decided I had to do something, make my statement, and that’s what I did.”
Bohmfalk had his own protest in front of a building known for revolution, where Davy Crockett and James Bowie made a stand. So did Bohmfalk but he used a lighter instead of gunfighter. Park police cited Bohmfalk for illegal burning of rubbish, even it was a Mexican flag he set ablaze.
“Because of what it’s made out of, it took a little while to burn it. It took me two minutes, but I got it lit,” Bohmfalk
Authorities say his actions left some of the Mexican nationals in the Alamo crowd feeling burned. However, Bohmfalk’s attorney, Jason Jakob, says, freedom of speech is Bohmfalk’s constitutional right.
“My client felt so strongly, and exercised protest, by burning that flag,” Jakob said.
Bohmfalk says while he was detained by police, he was harassed, his life was threatened, and he was even assaulted by some tourists who spit on him. Ironically, all these offenses are punishable by law. Jakob says flag burning is not.
“In America, every day we see people burning the American flag and it’s become desensitized,” Jakob said. “If we can allow that, we can certainly say that the Mexican flag can be burned.”
As a former Texas police chief and military veteran, Bohmfalk says he knows his rights, and is fighting for them.
“Why should a foreign flag get any better protection than the American flag?” he said.
The city has not returned calls for comment. As for Bohmfalk’s right to a speedy trial, that’s been delayed as well. His trial has been reset three times.
I guess the ACLU is too busy to step in and actually do what they are supposed to do, you know — help fight for the civil liberties of Americans.
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