Protected Speech: What does the First Amendment cover?
First Amendment protection is not limited to "pure speech" -- books,
newspapers, leaflets,
and rallies. The First also protects "symbolic speech" -- nonverbal
expression whose purpose is to communicate ideas.
Clothing meant to convey
a political meaning or even a Nazi swastika are all examples of protected symbolic
speech. It's in this area of the First Amendment that school
administrators and students often clash. If you wear the anarchist's
symbol on your shirt or backpack, chances are, you've probably been
harassed and you know exactly what I'm talking about.
Government can limit some protected speech by imposing
"time, place and manner" restrictions. This is most commonly done by
requiring permits for
meetings, rallies, and demonstrations, so if you plan to do any of those, you need
to go through your
City Hall. Do know that a permit cannot be unreasonably withheld, nor can
it be denied based
on the content of the speech.
Viewpoint Discrimination or
discriminating against a
specific point of view through an ordinance or rule of some kind, is
not allowed by the courts but is something that states are guilty of ALL the time.
Hate speech, like it or not, is protected. The basic premise rests
on the idea that
we shouldn't give the government the power to decide which opinions are
hateful, for history
has shown that government is more apt to use this power to prosecute
minorities than to
protect them. If we are to allow some types of speech, we should allow all
of them.