In Texas v. Johnson, the Supreme Court found that the burning of a flag is protected free speech primarily because it is considered symbolic speech that expresses a particular viewpoint. The Court emphasized that the First Amendment protects not just spoken or written words but also conduct that conveys a message. In this case, Gregory Lee Johnson's act of burning the American flag was intended to convey a political protest against the government's policies, and the Supreme Court recognized that such expression is a fundamental aspect of free speech.
The Court also highlighted that the government cannot prohibit speech simply because it is offensive or disagreeable, as protecting that right is central to the principles of democratic governance and individual liberty. The ruling underscored that the act did not harm others or incite violence; rather, it was a peaceful demonstration of dissent. Thus, the Supreme Court concluded that the state's interest in maintaining the flag's status as a symbol of national unity did not outweigh an individual's right to express dissenting opinions, even through acts that some may view as disrespectful.
Overall, the key reasoning behind the Supreme Court's decision was its commitment to robust protections for free speech, particularly when that speech is symbolic in nature and conveys a political message.