Limitations on Freedom of Speech and Expressive Conduct

Very Hard Unit 3: Civil Liberties & Rights Freedom Of Speech

In the realm of First Amendment jurisprudence, freedom of speech is not absolute and is subjected to various interpretations and limitations. One significant case involved a protest intended to express opposition to a political figure during a campaign rally, where demonstrators applied expressive conduct that included symbolic gestures perceived as offensive to the audience. The legal question arose regarding whether the government could impose restrictions on this type of expressive conduct under the guise of maintaining public order or protecting societal morals. How would the Supreme Court's interpretation of freedom of speech apply in this context?

The government can restrict all forms of expressive conduct as deemed offensive to maintain public decency.

Expressive conduct may be protected unless it incites imminent lawless action.

The government may impose restrictions only if the speech poses a direct threat to public safety.

Symbolic speech is never protected under the First Amendment.

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