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Hall was arrested for burning the US flag in protest of governmental policy. Is his action protected under the First Amendment's guarantee of free speech because flag burning is considered symbolic speech?

1) Yes
2) No

User Sai Mukesh
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1 Answer

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Final answer:

The Supreme Court ruled that burning the US flag in protest is protected by the First Amendment as symbolic speech, regardless of its offensiveness or disagreeableness.

Step-by-step explanation:

The student asked whether the action of burning the US flag in protest of governmental policy is protected under the First Amendment's guarantee of free speech as symbolic speech. The answer to this question is Yes, according to the precedent set by the Supreme Court in the case of Texas v. Johnson. In this landmark decision, the Court ruled that burning the flag constitutes expressive conduct with a distinctively political nature, and is therefore protected by the First Amendment. The Court emphasized that the government cannot prohibit the expression of an idea simply because it is offensive or disagreeable. The Court's stance aligns with the broader historical context where symbolic speech, such as wearing political symbols or armbands, has been upheld as forms of protected speech under the First Amendment.

User Habba
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