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During Recent Decades in Several Cases Involving Symbolic Speech and Protest

Question 22

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During recent decades in several cases involving symbolic speech and protest, the United States Supreme Court has declared (a) that one does not have a right under the First Amendment to burn one's draft card; (b) that one does have a right under the First Amendment publicly to burn (or otherwise deface) an American flag; and (c) that one sometimes (but sometimes not) has a right under the First Amendment to engage in KKK-style cross-burning. In these cases, has the Court been confused in terms of applying the First Amendment, or is there a theoretical (doctrinal) consistency lurking within these contrary outcomes? Explain. (Be sure that your answer refers to, and explains, the relevant cases.)

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The United States Supreme Court has not ...

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