Which is considered protected speech under the 1st Amendment?

Protected speech under the First Amendment encompasses a broad range of expressions beyond just spoken words. Symbolic conduct, such as flag burning, parades, and demonstrations, conveys particular messages and is recognized as a form of speech. This type of expression is shielded by the First Amendment as long as it does not incite violence or pose a clear and present danger.

The idea that "not speaking" can also be protected is rooted in the principles of freedom of speech; for example, a refusal to speak or express a particular viewpoint can be a form of expression in and of itself. The courts have acknowledged that both actions and inaction can convey meaning and hence fall under the umbrella of protected speech.

Other options include categories of speech that are generally not protected by the First Amendment, such as obscenity, incitement to imminent lawless action, and threats, which do not receive the same protections. Therefore, the recognition of symbolic conduct and the nuances of non-verbal expressions as protected speech illustrates the First Amendment's broad reach in safeguarding various forms of expression.