Legal Definitions - pure speech

Pure speech refers to the direct communication of ideas or opinions through spoken or written words, or through symbolic acts that are *solely* and *primarily* expressive in nature. It is distinguished from "speech plus" or "symbolic speech," which involves conduct that might be regulated for reasons unrelated to the message itself. Pure speech receives the highest level of protection under the First Amendment of the U.S. Constitution because its fundamental purpose is the transmission of a message without significant accompanying physical actions that could be separately regulated.

• Example 1: A university professor delivers a lecture to their students, explaining complex theories and historical events. The professor's words convey information and ideas directly to the audience.

  Explanation: This scenario illustrates pure speech because the professor is using spoken words to communicate academic content. There are no additional actions or conduct involved that would typically be regulated beyond the content of the speech itself. The primary function is the direct expression of ideas and information.

• Example 2: An online blogger publishes an article on their website, criticizing a new government policy and offering alternative solutions. The article consists entirely of written text expressing the blogger's viewpoint.

  Explanation: This is an example of pure speech because the blogger is using written words to articulate an opinion and engage in political commentary. The act of writing and publishing the article is a direct form of expression, and the communication is solely through the textual content.

• Example 3: During a public town hall meeting, a citizen stands up and reads a prepared statement to the local council, advocating for increased funding for public parks.

  Explanation: This situation demonstrates pure speech as the citizen is using spoken words to convey a specific message and advocate for a cause. The act of reading the statement is a direct and unadorned form of expressing an opinion or request, without any additional conduct that might be subject to separate regulation.