Symbolic+Speech

**Directions**
 * What Is Symbolic Speech? When Is It Protected?**
 * 1) Read the text below and complete the chart.
 * 2) When you are finished with the chart, I will go over the answers with you or will ask you to go online to find the answers.
 * 3) After you have gone over the answers, complete the "Questions to Consider".

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people to peaceably assemble and to petition the government for a redress of grievances. ||
 * || **The First Amendment**

Almost everyone knows that the First Amendment contains the right to freedom of speech. What does this mean? On its most basic level, it means you can express an opinion without fear of censorship by the government, even if that opinion is an unpopular one. However, it does not mean you can say anything you want, whenever you want. For instance, fighting words—words that cause distress or incite violence—are not protected. In addition, obscene expressions are not protected by the First Amendment. While most people understand these basic limitations on the right to free speech, understanding what constitutes "free speech" is complicated. For instance, some people argue that books, art, music, and other genres are also forms of speech because they, too, are expressive in nature. Over the years, the Supreme Court of the United States has debated what limitations should apply to these genres. The Court has also debated the claims made by others that actions that express an opinion are also protected. Often, these actions are referred to as "symbolic speech", which is below: In order to convince a court that symbolic conduct should be punished and not protected as speech, the government must show it has an important reason. However, the reason cannot be that the government disapproves of the message conveyed by the symbolic conduct" || So, just as there are limitations on the extent to which "free speech" applies to the spoken word, there are restrictions on the actions that people seek to have protected as symbolic speech. Examine the actions below. Based on the information you have just read, determine if each action listed is a form of constitutionally protected "symbolic speech". In the last column, provide a brief rationale for your response.
 * "Expression may be symbolic, as well as verbal. Symbolic speech is conduct that expresses an idea. Although speech is commonly thought of as verbal expression, we are all aware of nonverbal communication. Sit-ins, flag waving, demonstrations, and wearing . . . protest buttons are examples of symbolic speech. While most forms of conduct could be said to express ideas in some way, only some conduct is protected as symbolic speech. In analyzing such cases, the courts ask whether the speaker intended to convey a particular message, and whether it is likely that the message was understood by those who viewed it.