Symbolic Conflict and the First Amendment: US Supreme Court Adjudication of the Expression of Condensation Symbols

The interpretation of the US Constitution by the Supreme Court of the US has often focused on conflicts arising from intense differences over the meaning attached to symbols including armbands, flags and banners; statues of the Ten Commandments and other religious symbols; depictions involving indecent images; and the conflicting perceptions of, and reactions to, “dirty” words. The symbols involved in these conflicts are essentially condensation symbols, and divisions over these decisions reflect cultural rifts that manifest themselves in the profoundly different ways large groups of US citizens perceive images and words that evoke powerful emotional response. The Court has utilized a variety of doctrinal devices while engaging in the process of constitutional interpretation as it has struggled with these controversies in the context shaped by the broader culture that informs and constrains this process and by the elements within it that constantly struggle for validation. But the efficacy of its efforts remains questionable.