Editing Symbolic speech (section)

=== Spence test ===
In the ''per curiam'' decision of ''[[Spence v. Washington]]'', the Court developed a two-prong test to determine if symbolic speech qualified for First Amendment protections. Under the Spence test, the action must:
* have an intent to convey a particularized message was present, and
* in the surrounding circumstances the likelihood was great that the message would be understood by those who viewed it.

The Spence test was affirmed in ''[[Texas v. Johnson]]'', though without focus on the "surrounding circumstances" phrase. However, ''[[Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston]]'' challenged whether a "particularized message" must be present. There has been a [[circuit split]] between whether ''Spence'' or ''Hurley'' apply.<ref name="tomasik">{{cite journal | last = Tomasik | first = Sandy | title = Can You Understand this Message? An Examination of Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston's Impact on Spence v. Washington | url = https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=6711&context=lawreview | journal = [[St. John's Law Review]] | volume = 89 | date = 2015 | pages= 265}}</ref>