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 symbolic view of things is a consequence of long absorption in images. Is sign language the real language of Paradise?”
—Hugo Ball (1886–1927)
“When toddlers are unable to speak about urgent matters, they must resort to crying or screaming. This happens even with adults. The voice is the carrier of emotion, and when speech fails us, we need to cry out in whatever form we can to convey our meaning. Often, what passes for negativism is really the toddler’s desperate effort to make herself understood.”
—Alicia F. Lieberman (20th century)