Symbolic Speech: The Freedom Of Speech

Symbolic speech is a type of speech used to express one’s ideas. The notion of symbolic speech is protected in the United States constitution which evidently says: “Congress 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...” (U. S. Constitution.). The freedom of speech represents one of the most vital amendments in the United States Constitution and carries its involvement regularly. The several varieties of speech that is protected in the Constitution affects each individual and one’s privileges, but this first amendment right is often defined by the courts with individual’s failure to properly use it. These speeches that the United States

This is a prime example in the court case United States v. O’Brien. David Paul O’Brien, who was the defendant, was sentenced for burning his registration certificate, or draft card, along with those who shadowed his lead. Various individuals saw this as symbolic speech and used it to impact others in their antiwar views at this time during the Vietnam War era. This burning of the draft card triggered O’Brien to be charged with manipulation of a government issue of a registration certificate. The Supreme Court decided that O’Brien and others who burned their draft cards were to be charged and their ruling was indeed constitutional and did not violate their freedom of speech. This ruling affected all of American and thoroughly outlined the details of symbolic speech and the protections served under the United States

The Compilation of the Military Selective Service Act (2012) says: “[Anyone] who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate or any notation duly and validly inscribed thereon… [will] be fined not to exceed $10,000 or be imprisoned for not more than five years, or both.” As cited in Almanac (1965), O’Brien was then punished under the Youth Correction Act with six years in the custody of the Attorney General and the 1st Circuit Court of Appeals detained that the 1965 amendment was an unconstitutional abridgement of free speech and reversed the conviction. It also held that O 'Brien had violated a Selective Service System ruling requiring registrants to maintain their draft cards in their possession at all times, and it confirmed O 'Brien 's conviction under that regulation. O 'Brien had not been indicted or tried for that offense, which the circuit court considered a lesser included offense (as cited in Almanac, 1965). The act O’Brien along with others had done defined the rules and regulations in the protection of symbol of speech and with a more accurate description. These rules and regulations gives people in idea of what symbolic speech really is and what exactly is protected under it. Symbolic speech is defined as the expression of ideas and information