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January 15, 2025

What is Symbolic Speech? Understanding Your Rights in California

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Symbolic speech includes acts such as picketing with signs or symbols and is a very strong form of expression in California under the law. What is symbolic speech? It is a non-verbal way of communicating some idea or belief using absolutely no words, which can effectively communicate an idea or bring attention to a social issue. At Pointer and Buelna, LLP – Lawyers For The People, we believe in your right to free symbolic speech and other forms of expression.

What is Symbolic Speech?

Symbolic speech is an act, gesture, or conduct meant to convey a message. Examples include the wearing of armbands, burning flags, or sit-ins. In California, such expressions are protected under state and federal laws except when it creates a risk to public safety or violates the law.

Symbolic Speech and the First Amendment

Freedom of symbolic speech is a protection provided by the first amendment as a fundamental right in free expression of the US Constitution. The amendment stipulates that individuals shall not be persecuted for expressing opinions, particularly those of political persuasions or those addressing interest to the public.

Supreme Court’s Definition of Symbolic Speech

The Supreme Court has shaped symbolic speech through various landmark rulings. In the case of Tinker v. Des Moines, 1969, it maintained students’ rights to wear black armbands protesting the Vietnam War, confirming protection for symbolic acts unless disruptive.

Landmark Symbolic Speech Cases

Our understanding of symbolic speech has been shaped by a number of important cases:

• Texas v. Johnson (1989): The right to burn the American flag in political protest was upheld
• United States v. O’Brien (1968): The Court upheld restrictions on burning draft cards, balancing symbolic expression with government interests.
• Cohen v. California (1971): Protected the right to wear clothing displaying controversial political messages, affirming the breadth of symbolic speech rights.

Visit: What Amendment Does Police Brutality Violate?

Limitations on Symbolic Speech

Even if symbolic communication is heavily protected, there are legal constraints. The First Amendment does not protect acts that are vulgar, harm public safety, or advocate violence. For example, there may be legal ramifications for symbolic activities that impede law enforcement or impair public welfare.

Your Symbolic Speech Rights in California

California’s legal framework supports symbolic speech rights and considers state-specific needs. Californians participating in protests or non-verbal communication enjoy protections under both state and federal laws. 

FAQs on Symbolic Speech

What is meant by symbolic speech?

The term “symbolic speech” describes acts or behaviors that are specifically intended to convey a message or position on a subject. Examples include participating in nonviolent protests or dressing in particular ways.

What is symbolism speech?

Another name for symbolic speech is symbolism speech, which emphasizes the use of symbolic acts rather than words to communicate ideas or views.

What is symbol speech examples?

Burning flags, kneeling during the playing of the national anthem, or carrying signs during protests are a few instances of symbolic communication.

What is an example of a symbolic expression?

An easy example of symbolic expression could be a ribbon that people wear to show support for the cause at hand. These would include a pink ribbon for breast cancer awareness, a red ribbon for HIV/AIDS awareness, and many others.

Visit: What Is a Civil Rights Violation?

Protect Your Rights with Pointer and Buelna, LLP

If your right to symbolic speech has been infringed, our experienced civil rights lawyers at Pointer and Buelna we are here to help. Please call us at (510) 929-5400 or schedule a free consultation and let us advocate for your freedom of expression, as well as all your other civil rights.