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Causes and nations, political parties, lodges and ecclesiastical groups seek to knit the loyalty of their followings to a flag or banner, a color or design.Pregnant with expressive content, the flag as readily signifies this Nation as does the combination of letters found in "America." We have not automatically concluded, however, that any action taken with respect to our flag is expressive.After a march through the city streets, Johnson burned an American flag while protesters chanted.§ 42.09 (1989) may not satisfy those intent on finding fault at any cost, [it is] set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with.As to the State's goal of preventing breaches of the peace, the court concluded that the flag desecration statute was not drawn narrowly enough to encompass only those flag burnings that were likely to result in a serious disturbance of the peace.This fact [p403] somewhat complicates our consideration of his conviction under the First Amendment.One cannot equate "serious offense" with incitement to breach the peace.
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The expressive, overtly political nature of this conduct was both intentional and overwhelmingly apparent.
In these circumstances, Johnson's burning of the flag was conduct "sufficiently imbued with elements of communication," it has expressive elements.