Symbolic speech
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Symbolic speech, sometimes referred to as symbolic conduct or expressive conduct, is a legal term for an action that expresses an opinion or idea non-verbally. Examples of symbolic speech are marching in a parade, burning a flag, or cross burning. Because it involves action and not simply written or spoken words, this form of expression is subject to more government regulation.[1] In considering whether an act can be considered symbolic speech and whether it qualifies for protection under the First Amendment, US courts have typically considered certain questions, which include:
- Where did the action occur? Was it in a public area?
- Did the action cause Imminent lawless action?
- Did the action communicate a constitutionally protected message?
Although much symbolic speech is constitutionally protected in the United States, some acts of symbolic speech, such as burning a draft card, are not protected and are punishable by law.
[edit] Court Rulings
In Tinker v. Des Moines Independent Community School District, the Supreme Court ruled that students' right to wear black armbands to school in protest of the Vietnam War was protected as "symbolic speech".
"Fighting words" are not protected as symbolic speech (Chaplinsky v. New Hampshire) because they represent a breach of the public peace.
In United States v. O'Brien, a test was established to determine whether a government regulation that may restrict symbolic speech is justified. Such a regulation can be considered justified if it has a clear and valid purpose which outweighs a small but necessary curbing of symbolic speech.
In the 1989 case Texas v. Johnson, the US Supreme Court ruled that flag burning is protected as symbolic speech.
[edit] References
The Oyez Project, Oyez: United States v. O'Brien, 391 U.S. 367 (1968), Retrieved April 3, 2005.
[edit] External links
- Court rulings dealing with symbolic speech
- Another list of court rulings dealing with expressive conduct
- FindLaw: Speech Plus--The Constitutional Law of Leafleting, Picketing, and Demonstrating
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