![]() ![]() ![]() In West Virginia State Board of Education v.asserted that red flags were a part of free political discussion, and were thus entitled to First Amendment protection. California (1931), in which it struck down as a violation of the free-speech clause of the First Amendment a California law that prohibited the display of a red flag as a sign of opposition to government. In writing the opinion for the Court, Justice Oliver Wendell Holmes Jr. The Supreme Court began to address the use of symbols as speech in Stromberg v.When the regulation aims at the nonexpressive aspects, the Court assesses it using intermediate scrutiny. When the regulation aims at the expressive aspects, the Court assesses it using strict scrutiny. When faced with legislation that infringes on expressive conduct, the Supreme Court generally asks whether the regulation is aimed at the expressive or the nonexpressive aspects of the conduct. Two rough synonyms are symbolic speech, statements made through the use of symbols rather than words, and speech plus, behavior used by itself or in connection with language to communicate a message.Įxpressive conduct allows individuals to express their opinions and contributes to societal debate, but it sometimes produces results that Congress seeks to prevent. (AP Photo, used with permission from the Associated Press)Įxpressive conduct is behavior designed to convey a message its function as speech means that it has increasingly been protected by the First Amendment. The Court recognized that burning a draft card was expressive but pointed out that there were valid reasons, unrelated to expression, why the state had an interest in preventing it.In this Jphoto, Ken Love burns what he claimed was a draft card and his Students for a Democratic Society card in Chicago. O’Brien (1968), the Court, addressing a law prohibiting the burning of a draft card, disaggregated this conduct into its expressive and nonexpressive elements. Second, the message must be one likely to be understood by listeners. First, the speaker must intend to convey a particular message. In determining whether expressive conduct deserves First Amendment protection, courts often apply a two-part test. Expressive conduct is behavior designed to convey a message its function as speech means that it has increasingly been protected by the First Amendment. ![]()
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