TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P49

Gale Encyclopedia of American Law Volume 9 P49 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 468 SYMBOLIC SPEECH interest if the governmental interest is unrelated to the suppression of free expression and if the incidental restriction on First Amendment freedoms is no greater than is essential to the furtherance of that interest. Applying this test to the statute involved in O Brien the Court found the law constitutional. A less defiant form of symbolic speech was extended constitutional protection during the Vietnam War. In Tinker v. Des Moines Independent Community School District 393 . 503 89 S. Ct. 733 21 L. Ed. 2d 731 1969 high school officials in Des Moines Iowa had suspended students for wearing black armbands to school to protest . involvement in the Vietnam War. Justice abe fortas in his majority opinion rejected the idea that the school s response was reasonable because it was based on the fear that the wearing of the armbands would create a disturbance. Fortas ruled that the wearing of the armbands was closely akin to pure speech which. is entitled to comprehensive protection under the First Amendment. Public school officials could not ban expression out of the mere desire to avoid discomfort and unpleasantness that always accompany an unpopular viewpoint. Flag Burning Political protesters have often used the . flag as a vehicle to express opposition to government policies. During the Vietnam War era the mutilation or burning of the flag became commonplace. Such actions angered many people and legislation was passed at the state level to prohibit this conduct. In Street v. New York 394 . 576 89 S. Ct. 1354 22 L. Ed. 2d 572 1969 the Supreme Court had the opportunity to address the question of whether flag burning is entitled to constitutional protection as symbolic speech. However the Court focused on the element of verbal expression also presented in this case and effectively avoided the symbolic speech issue. In a 1974 case the Court did strike down a Washington state law that prohibited the display of the . flag with extraneous

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