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:
“Iconic clothing has been secularized.... A guardsman in a dress uniform is ostensibly an icon of aggression; his coat is red as the blood he hopes to shed. Seen on a coat-hanger, with no man inside it, the uniform loses all its blustering significance and, to the innocent eye seduced by decorative colour and tactile braid, it is as abstract in symbolic information as a parasol to an Eskimo. It becomes simply magnificent.”
—Angela Carter (1940–1992)
“America—rather, the United States—seems to me to be the Jew among the nations. It is resourceful, adaptable, maligned, envied, feared, imposed upon. It is warm-hearted, overfriendly; quick-witted, lavish, colorful; given to extravagant speech and gestures; its people are travelers and wanderers by nature, moving, shifting, restless; swarming in Fords, in ocean liners; craving entertainment; volatile. The schnuckle among the nations of the world.”
—Edna Ferber (1887–1968)