Does the First Amendment Protect Symbolic Speech?

The First Amendment does protect symbolic speech, but some actions do not always rise to the level of “symbolic speech” so as to require protection under the First Amendment. ... The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech.

What is symbolic speech and is it protected by the First Amendment?

Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.

What are the exceptions to symbolic speech?

Various exceptions to free speech have been recognized in American law, including obscenity, defamation, breach of the peace, incitement to crime, "fighting words," and sedition.