Symbolic Speech
What is Symbolic Speech?
Symbolic speech is a legal term in United States law used to depict actions that purposefully and observable convey a particular message or statement to those viewing it. Symbolic speech is recognized as being assist under the First Amendment as a form of speech, but this is not expressly written as such in the document.
Symbolic speech is distinguished from pure speech, which is the communication of ideas by spoken or written words or by conduct limited in form to that necessity to convey the idea. The classic example of symbolic speech brought up in many discussions of the topic is flag burning.
Several Supreme Court cases have struck down laws against flag burning, arguing that they infringe upon the free speech rights guaranteed under the United States Constitution. It must be demonstrated that restrictions were intended to moderate behavior with the goals of promoting public safety and order.
Some notable lawsuits involving symbolic speech have necessitate children in school; despite the fact that schools are often given broad leeway when it comes to forbid behaviors, some students have successfully won cases by argument that their behavior constitute no threat to general order, safety, and health.
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