Prior to posting your primary response to this discussion, watch The First Amendment (Links to an external site.) video and read the First Amendment (Links to an external site.) article, Free Speech and Democracy in the Video Age (Links to an external site.) article, and review all the one-page Supreme Court decisions listed in the Required Resources section.
What is symbolic speech, and is it protected by the First Amendment?
For example, Capital City has an ordinance that makes it a felony to burn or otherwise desecrate the city’s Great Seal. Another ordinance makes it a felony to use profane, obscene, or rude language in a city park or to wear any clothing with such language. Homer and his adult son, Bart, are angry at the government of Capital City for closing down their favorite donut shop for health code violations. In protest, they go to the park, where Homer burns the city flag containing the Great Seal. Bart is wearing a shirt that reads, “Support donuts, Death to the Capital City Health Department!!” Both are arrested.
Is their conduct protected by the First Amendment? Fully explain your answer. Be sure to support your answer with scholarly sources and appellate court opinions. Your initial post should be at least 250 words in length. Support your claims with examples from the required materials and/or other scholarly resources, and properly cite any references.
Guided Response: Respond to at least two of your classmates’ posts by Day 7. A substantive response advances the discussion in a meaningful way; merely agreeing with your classmates is not a substantive response.