symbolic speech

symbolic speech
A person's conduct which expresses opinions or thoughts about a subject and which may or may not be protected by the First Amendment. Actions which have as their primary purpose the expression of ideas as in the case of students who wore black arm bands to protest the war in Viet Nam. Such conduct is generally protected under the First Amendment as "pure speech" because very little conduct is involved. Tinker v. Des Moines School Dist., 393 U:S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731. However, not all such conduct is protected. The burning of a draft card was not protected speech because of the government's substantial interest. U. S. v. O'Brien, 391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672.

Black's law dictionary. . 1990.

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