62. Which of the following cases expanded the First Amendment protection of free speech to include symbolic speech?
Answer: D
Texas v. Johnson (1989) expanded the First Amendment protection of free speech to include symbolic speech.
This landmark case affirmed that symbolic speech, such as flag burning, is protected under the First Amendment. The Supreme Court ruled that the government could not prohibit expression simply because it is offensive.
A) Tinker v. Des Moines (1969)
While Tinker v. Des Moines did protect students' rights to express themselves through symbolic speech in schools, it primarily addressed the issue of student expression rather than broader symbolic speech cases. Therefore, it did not expand the First Amendment in the context of symbolic speech as significantly as Texas v. Johnson.
B) Schenck v. United States (1919)
Schenck v. United States established the "clear and present danger" test for limiting speech but did not address symbolic speech specifically. This case focused on the limits of free speech during wartime rather than expanding protections for symbolic acts.
C) New York Times v. Sullivan (1964)
New York Times v. Sullivan is critical for establishing protections for freedom of the press and public figures in defamation cases, but it does not pertain to symbolic speech. This case did not expand the scope of the First Amendment to include symbolic expressions.
D) Texas v. Johnson (1989)
Texas v. Johnson is the definitive case that expanded First Amendment protections to include symbolic speech. The Court ruled that burning the American flag as a form of protest is a form of expression protected by the First Amendment, setting a significant precedent for symbolic speech.
E) Gitlow v. New York (1925)
Gitlow v. New York was important for incorporating free speech protections against state governments via the Fourteenth Amendment but did not specifically address or expand protections for symbolic speech.
Conclusion
Texas v. Johnson (1989) is the key case that solidified the inclusion of symbolic speech within First Amendment protections. Other options either focused on different aspects of free speech or did not directly address symbolic speech at all, making them incorrect in this context. Thus, Texas v. Johnson stands out as the landmark decision defining the scope of symbolic expression under the First Amendment.