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In reply to the discussion: Philly buses ordered to accept ads featuring Hitler & 1941 Palestinian leader [View all]Warren DeMontague
(80,708 posts)Also if a Swastika were big and made out of iron, it could be a weapon.
I think there is basically one main interpretation for what the Swastika represents, particularly if it's on a flag of, say, red and black. A noose is probably the more broad symbol, because lots of people have been hanged by nooses in history. A noose could be an argument for the death penalty, right? Agree, disagree, that's a political position and speech. Hell, someone could start a pro-death penalty party and have the party symbol be a noose. It'd be obnoxious, but it would make sense. Christians have as their symbol the crucifix, which might be pretty upsetting a subset of Romans 2,000 years ago, depending on how they interpreted it.
But it doesn't matter, because in the context of a political statement directed at the general public it's all protected speech.
There is no legal pathway by which I can envision any judge ever ruling that the bus ad in question was other than protected speech. Noxious, offensive speech perhaps, but still protected speech.
Like I said, don't take my word for it. As some lawyers what they think.