{"id":30896,"date":"2021-07-09T14:31:33","date_gmt":"2021-07-09T19:31:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment1\/what-is-symbolic-speech-under-the-first-amendment-.html"},"modified":"2024-08-23T15:18:56","modified_gmt":"2024-08-23T20:18:56","slug":"what-is-symbolic-speech-under-the-first-amendment","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment1\/what-is-symbolic-speech-under-the-first-amendment.html","title":{"rendered":"Symbolic Speech and Expressive Conduct Under the First Amendment"},"content":{"rendered":"\n
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Symbolic Speech and Expressive Conduct Under the First Amendment<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The First Amendment\u2019s free speech protection generally extends to symbolic speech or expressive conduct. In this article, we examine the Supreme Court\u2019s treatment of expression as a form of speech to better understand the nature and limits of its protection.<\/p>\n\n <\/div>\n\n

The Bill of Rights<\/a> consists of the first ten amendments to the Constitution<\/a>. The Framers established them to protect individual civil rights and limit the power of government. The language of the First Amendment<\/a> reflects these democratic ideals.<\/p>\r\n

Its free speech clause reads:<\/p>\r\n

\u201cCongress shall make no law\u2026 abridging the freedom of speech\u2026\u201d<\/i><\/p>\r\n

Therefore, the right to free speech begins as a prohibition on Congress<\/a>, our federal legislature. In other words, Congress may not pass laws that infringe upon our constitutional right to free speech.<\/p>\r\n

Through the passage of the Fourteenth Amendment<\/a> and the doctrine of incorporation, the Supreme Court<\/a> has determined that this prohibition applies to all government action that restricts speech. It can be of any kind and at any level.<\/p>\r\n

Also known as state action<\/a>, government action can take many forms, including criminal convictions, federal agency funding, public school policies, and local ordinances.<\/p>\r\n

Application of the First Amendment<\/h2>\r\n

The First Amendment mainly applies to government regulation of private speech. It doesn\u2019t limit government regulation of government speech<\/a> or speech restrictions imposed by private entities. For example, private property owners may generally set rules restricting speech on their property without raising First Amendment concerns.<\/p>\r\n

Therefore, our constitutional freedom of speech functions as a restriction on the government\u2019s ability to regulate speech and the free exchange of ideas.<\/p>\r\n

Unprotected Speech<\/h2>\r\n

However, the right to free speech isn\u2019t absolute. As the ultimate interpreter of the Constitution, the Supreme Court has established a limited number of unprotected speech categories. They include:<\/p>\r\n