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Selective Incorporation- Symbolic speech

Published on Nov 18, 2015

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PRESENTATION OUTLINE

SYMBOLIC SPEACH

THE FIRST AMENDMENT
Photo by theqspeaks

The 1st Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Freedom of speech:
The First Amendment keeps the government from making laws that might stop us from saying what we think. People have the right to criticize the government and to share their opinions with others.

Photo by Werner Kunz

What is symbolic speach??
Symbolic speech is conduct that expresses an idea. Although speech is commonly thought of as verbal expression, we are all aware of nonverbal communication. Sit-ins, flag waving, demonstrations, and wearing things are examples of symbolic speech.

Photo by Neal.

TINKER v. DES MOINES INDEPENDENT SCHOOL DISTRICT

  • 3 Iowa students suspended from school
  • wore bracelets that protest the vietnam war
  • 7 voted for Tinker, 2 against
  • "School officials do not possess absolute authority over their students"

TEXAS V. JOHNSON

  • Burned American flag during a protest against Policies of Reagan Admin.
  • No one injured or physically threatened
  • Flag disecretion inconsistant with 1st amendment
  • 5 votes for Johnson, 4 against
  • "The gov. may not prohibit the expression of an idea because society finds the idea offensive or disagreeable."
"The government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

SPENCE V. WASHINGTON

  • Taped a peace sign to the flag & hung it upside down outside of his apartment
  • Protested National Guard shootings at Kent State University
  • 90 days in jail and 60 days suspension
  • 6 votes for Spence, 3 votes against
  • "..it was a pointed expression of anguish by appellant.. about domestic and foreign affairs"
Photo by kevin dooley

Untitled Slide

Untitled Slide

I use my first amendment rights every day. More specifically, the freedom of symbolic speech. For me personally, I am more of a symbolic speech doer than a pure speech doer. Wearing a shirt that supports something I believe in, wearing a bracelet that supports a protest, or finding a way to make my view on an issue very clear without even having to say a word is all becoming more popular in my opinion. People all over the U.S. use their symbolic speech right without even realizing it or thinking twice about it. I am very blessed to be a citizen of a country who cares enough to make these kind of freedoms available so that my voice and my country's voice is never lost or ignored.