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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. [1] 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.
The government speech doctrine establishes that the government may advance its speech without requiring viewpoint neutrality when the government itself is the speaker. Thus, when the state is the speaker, it may make content based choices. The simple principle has broad implications, and has led to contentious disputes within the Supreme Court. [1]
Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
Term Description Examples Autocracy: Autocracy is a system of government in which supreme power (social and political) is concentrated in the hands of one person or polity, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control (except perhaps for the implicit threat of a coup d'état or mass insurrection).
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
figurehead: a leader whose powers are entirely symbolic, such as a constitutional monarch. puppet government: a government that is manipulated by a foreign power for its own interests. star chamber: a secretive council or other group within a government that possesses the actual power, regardless of the government's overt form.
While white has been popular for Clinton throughout the campaign, she went with another symbolic color for her concession speech: purple.
Cases pertaining to whether or not extending protections to speech constitutes government endorsement of speech. Pleasant Grove City v. Summum, 555 U.S. 460 (2009) Walker v. Texas Division, Sons of Confederate Veterans (2015) Matal v. Tam (2017) Iancu v. Brunetti (2019) Shurtleff v. City of Boston, No. 20-1800, 596 U.S. ___ (2022)