![]() Justice Jackson wrote: “There is no doubt that, in connection with the pledge, the flag salute is a form of utterance. 288 (1984) (upholding Park Service restriction on overnight sleeping as applied to demonstrators wishing to call attention to the plight of the homeless). Community for Creative Non-Violence, 468 U.S. On a different footing is expressive conduct in a place where such conduct is prohibited for reasons other than suppressing speech. They embrace appropriate types of action which certainly include the right in a peaceable and orderly manner to protest by silent and reproachful presence, in a place where the protestant has every right to be, the unconstitutional segregation of public facilities.” Id. ![]() Speaking of speech and assembly, Justice Fortas said for the Court: “As this Court has repeatedly stated, these rights are not confined to verbal expression. 131 (1966), the Court held protected a peaceful, silent stand-in in a segregated public library. Sit-ins and stand-ins may effectively express a protest about certain things. or in refusing to salute a flag as a symbol. Expressive conduct may consist in flying a particular flag as a symbol 4 Footnote Stromberg v. Moving beyond these simple examples, one may see as well that conduct may have a communicative content, intended to express a point of view. in either case, it may amount to conduct that is prohibitable in specific circumstances. and, if it is written, it may be litter 2 Footnote E.g., Schneider v. If it is oral, it may be noisy enough to be disturbing, 1 Footnote E.g., Saia v. Amdt1.2.12.2.1 Doctrine and Practice of Symbolic Speech: OverviewĬongress 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 peaceably to assemble, and to petition the Government for a redress of grievances.
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