Texas v. Johnson (1989) upheld protection for which form of expression?

• A. Symbolic speech
• B. Commercial speech
• C. Obscene speech
• D. Prior restraint

Answer: (A)

Symbolic speech is the form of expression at issue here. In Texas v. Johnson, the Supreme Court held that burning the U.S. flag is a way of conveying a political message, not merely an action with no communicative purpose. The Court explained that expressive conduct like this communicates ideas and therefore deserves First Amendment protection, so the government cannot ban it just because it is offensive or disagreeable. The protection applies to symbolic actions that express a specific message, as long as they don’t fall into unprotected categories such as incitement, true threats, or obscenity through other tests.

Commercial speech involves advertising and is subject to different, typically lesser, protections; obscene speech is not protected by the First Amendment; prior restraint relates to censorship of speech before it happens, not a form of expression itself.