Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document. One possible explanation as to why the Framers did not address this issue in the Bill of rights is because the primary forms for both political debate and protest in their time were verbal expression and published word, and they may have been unaware of the possibility of future people using non-verbal expression. Symbolic speech is distinguished from pure speech, which is the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea.
Although the First Amendment only limited the Congress, symbolic speech has also restricted state governments starting with Gitlow v. New York (1925).
Read more about Symbolic Speech: O'Brien Test
Famous quotes containing the words symbolic and/or speech:
“The instincts of merry England lingered on here with exceptional vitality, and the symbolic customs which tradition has attached to each season of the year were yet a reality on Egdon. Indeed, the impulses of all such outlandish hamlets are pagan still: in these spots homage to nature, self-adoration, frantic gaieties, fragments of Teutonic rites to divinities whose names are forgotten, seem in some way or other to have survived mediaeval doctrine.”
—Thomas Hardy (1840–1928)
“Good speech need not be behind other’s backs; speech behind other’s backs is not good.”
—Chinese proverb.