"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." (106) As such, the Ninth Circuit concluded that the act of tattooing was entitled to "full First Amendment protection," as was the business of tattooing.
Roberts, the Fourth Circuit ruled that a Facebook "like" qualifies as "pure speech
" constitutes a "substantive statement," and "is the Internet equivalent of displaying a political sign in one's front yard[.]"
Next, this Part will briefly explore the difference between traditional pure speech
and symbolic expression.
Section II.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.
A regulation that burdens pure speech
is only upheld if it advances a compelling state interest.
(212) Or as the Chief Judge put it: "[W]hen it comes to pure speech
, truth is not the sine qua non of First Amendment protection.
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
Whether you think Fertig and Jeyalingam are humanitarian heroes, naive dreamers, or inadvertent flacks for terrorists, the projects they have in mind clearly amount to "pure speech
promoting lawful, nonviolent activities," as their attorneys say.