In which scenario would symbolic speech NOT be protected?

Symbolic speech encompasses forms of nonverbal communication used to convey messages or express opinions. While much of symbolic speech is protected under the First Amendment, there are certain scenarios where it does not receive that protection.

In this context, the scenario involving actions that provoke violence is not protected because the legal system recognizes that speech and expression can lead to harmful consequences. When symbolic speech incites or is likely to incite immediate lawless action or violence, it can be restricted. This principle stems from the Supreme Court's ruling in cases such as Brandenburg v. Ohio, which established that inflammatory speech is permissible unless it incites imminent lawless action.

On the other hand, displays of political opinions through attire, protests against wars, and demonstrative acts like displaying flags during public gatherings all fall under protected forms of symbolic speech as long as they do not lead to violence or public disorder. These actions express individual or collective opinions without the intention or realization of inciting immediate danger or harm.