Question

Assume that John and Tina show up to a publicly funded office occupied by the incumbent that they are trying to unseat. They decide to do a silent protest where they say nothing , but wear T-shirts with a picture of the other candidate. The incumbent asks that they be removed from the premises. Which of the following is correct?

Answer 1

Since the T-shirts convey a message they likely would be considered to be speech under the First Amendment.

Step-by-step explanation:

a. The T-shirts would not constitute speech under the First Amendment since there has been nothing said.

b. The T-shirts would not constitute speech under the First Amendment since they only have pictures on them.

c. The T-shirts would not constitute speech under the First Amendment since they are being worn in public.