SYMBOLIC FREEDOM OF SPEECH

1st Amendment
Congress shall make no law respecting an establishent of religion or prohibiting the free excercise there of, 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.

Symbolic Speech is not specifically written into the first amendment but is taken as being protected under it because its a form of speech. Its a form of nonverbal expression that is distinguished from pure speech.

TINKER VS DES MOINES (Dec 1965)

• Siblings John and Mary Beth Tinker wore black arm bands with white peace signs on them
• School threatened anyone who took part in the protest with suspension
• They were suspended and went to court to argue the armbands were a form of symbolic speech
• Vote count: 7-2 in favor of Tinker
• "In wearing armbands, the petitioners were quiet and passive. They were not dissruptive, and did not infringe upon the rights of others. In these circumstances, their conduct was within the protection of the free speech clause of the first amendment and the due process clause of the fourteenth" (Justice Fortas)

Texas v. Johnson (1984)

• Johnson lit a flag on fire while peoplle chanted "America the Red, White, and Blue we spit on you"
• and was attacked by the crowd until a FBI agent saved him but Johnson was convicted and sentenced 1 year in prison.
• 5-4 vote in favor of Johnson
• "Johnsons protest was suffiencetly imbued with elements of communication to impicate the first amendment"(Justice Brennan)

COHEN V. CALIFORNIA (1968)

• Paul Cohen had a shirt that said "F*** the draft" and a police
• officer arrested him for disturbing the peace.
• Vote: 5-4 Cohen
• "Abesent a more particularized and compelling reason for its actions, the State a=may not, consistently with the Fist and Fourteenth Amendments, make the simple public display of this single four-letter expletive a criminal offense"(Justice Harlan)

Untitled Slide

This right effects me by being able to wear clothes and jewelry to express myself. I can speak out against the government or others without talking. I like wearing arm bands with words on them and without this right I wouldn't be able to show my fashion. Without symbolic freedom of speech I would only wear plain clothes and look boring, with them I am orginal.