| Summary: | This article discusses the controversy regarding the use of American Indian symbols. Arguments are offered by critics and defenders of symbol use and whether the custom of symbols should be regulated under the U.S. Constitution's First Amendment doctrines is explored. A First Amendment analysis is offered which includes the established doctrines for offensive words, fighting words, hate speech, group libel, significant governmental interest and commercial speech. Several U.S. Supreme court cases illustrating the doctrines are discussed including the case Chaplinsky v. New Hampshire, R.A.V. v. St. Paul, Minnesota, Beauharnais v. Illinois, United States v. O'Brien and Central Hudson Gas and Electric Corporation v. Public Service Commission of New York.
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