A statute such as this one, which makes criminal a form of pure speech
, must be interpreted with the commands of the First Amendment clearly in mind," said the court adding, "What is a threat must be distinguished from what is constitutionally protected speech.
The musician cannot refrain from notating even this pure speech
setting as melodic.
The Ninth Circuit in the Anderson decision explicitly addressed this question, and in language picked up by the Seventh Circuit in Alvarez and quoted above, (105) rejected "a distinction between the process of creating a form of pure speech
(such as writing or painting) and the product of these processes (the essay or the artwork) in terms of the First Amendment protection afforded.
Next, this Part will briefly explore the difference between traditional pure speech
and symbolic expression.
B posits that whether one classifies graffiti as pure speech
or symbolic speech, it deserves First Amendment protection.
It was then my pleasure to observe students grasp a more sophisticated understanding of the breadth and limitations of freedom of expression as we discussed case law that introduced them to a host of expression doctrines, including prior restraint versus subsequent punishment regulations; time, place and manner of expression regulations versus content regulations; unprotected forms of expression versus quasi- protected and preferred forms of expression; pure speech
versus symbolic expression; and the freedom to speak versus the freedom not to speak.
111) Building upon this distinction, the dissent thought it essential to adhere to the Court's longstanding distinction between pure speech
, that which furthers First Amendment values in maintaining a free marketplace for "social, political, esthetic, moral and other ideas and experiences," and commercial speech, that which "propos[es] a commercial transaction which occurs in an area traditionally subject to governmental regulation.
This ritual was one of purification, providing the devotee with pure speech
, a necessity on the path to reach enlightenment.
than clearly distinguishing pure speech
from lawmaking activity, Chief
Third, the Court finds that the amended version of AEDPA's "personnel" provision was not constitutionally vague, because it no longer criminalizes pure speech
protected by the First Amendment.
He adds that using a phonetic approach is also more effective than trying to do pure speech
recognition, which is trying to resolve a word against a word in a dictionary and is much slower.
The House bill would have made pure speech
a deportable offense, for example.