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:
“I find it profoundly symbolic that I am appearing before a committee of fifteen men who will report to a legislative body of one hundred men because of a decision handed down by a court comprised of nine men—on an issue that affects millions of women.... I have the feeling that if men could get pregnant, we wouldn’t be struggling for this legislation. If men could get pregnant, maternity benefits would be as sacrosanct as the G.I. Bill.”
—Letty Cottin Pogrebin (20th century)
“I love eulogies. They are the most moving kind of speech because they attempt to pluck meaning from the fog, and on short order, when the emotions are still ragged and raw and susceptible to leaps.”
—Peggy Noonan (b. 1950)