ABSTRACT
Symbolic speech is communication that is expressed through conduct and is usually nonverbal and non-written. The US Supreme Court has generally afforded protection for such expression under the right to free speech contained in the First Amendment to the US Constitution. The Court has said that symbolic acts will be protected except when they cause harm that is specific or direct in nature. In United States v. O'Brien, 391 US 367, the Supreme Court set the standard by which symbolic speech would be tested in examining a law, passed during the Vietnam War, that prohibited the burning of draft cards. In R.A.V. v. City of St. Paul, 505 US 377, the Court addressed cross burning and the use of other symbols that might be considered symbolic speech or expressive conduct. The Supreme Court was willing to prohibit cross burning when the action was directly tied to a specific threat.
