Pure Speech or Symbolic Conduct: Jackson Pollack

 

 

                                        Jackson Pollack "Lavender Mist"

 

 For example, the Court has unanimously concluded that the First Amendment “unquestionably” protects the abstract paintings of artists such as Jackson Pollack even though they do not convey a readily “articulable message.” Hurley v. Irish–Am. Gay, Lesbian & Bisexual Group of Bos., Inc., 515 U.S. 557, 569(1995).

Notice that even pure speech requires some conduct--purchasing canvas and paint, cleaning brushes, sharpening pencils, turning on your computer to write an op-ed, etc. But it is pure speech, not expressive conduct.

Hypo

Elon Musk is walking down the street in Austin wearing his Gothic Dark Maga (Make America Great Again) hat. Bruce Springsteen attacks Elon and, as he beats him, says "I'll show you what I think about your garbage hat."

Apply the Free Speech Clause two ways--to Elon's hat and to Springsteen's violent attack.