Have courts addressed whether clapping at public meetings is protected by the First Amendment?

Wednesday, April 11, 2007

The California Supreme Court addressed this issue in 1970 in the case of In Re Kay, 1 Cal.3d 930. “Audience activities, such as heckling, interrupting, harsh questioning, and booing, even though they may be impolite and discourteous, can nonetheless advance the goals of the First Amendment. For many citizens such participation in public meetings, whether supportive or critical of the speaker, may constitute the only manner in which they can express their views to a large number of people.”

The court continued: “‘Disturbances’ of meetings arise in a wide variety of forms; the modern techniques of the ‘politics of peaceful confrontation’ frequently result in a clash of ideological expressions which may, in many senses, ‘disturb’ a meeting. Without doubt petitioners’ conduct in the instant case, including clapping … was ‘closely akin to “pure speech”’” (quoting Tinker v. Des Moines Independent Community School District).