Perspective
Mar. 18, 2015
Free speech debates are misconceived: It's all symbolic
The only proper basis for a free speech claim is whether government is attempting to prevent an audience from receiving certain ideas. By Lawrence A. Alexander
There have been and continue to be numerous law review articles and judicial opinions debating whether something is or is not "speech" within the meaning of freedom of speech - for example, computer code, tattoos, "Likes" on Facebook, and even begging. And almost 50 years ago, the court distinguished "speech" from "symbolic speech," concluding that the latter was due less constitutional protection t...
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