Are there any laws in the US that ban the display of offensive symbols?
<p>Quite a few times in TV shows and movies and only once in real life I've seen people with offensive tattoo or shirt symbols such as the Swastika.</p>

<p>Is there a law in the United States that bans the display of a symbol such as this? If so, how do people with these symbols on them go out in public without getting caught?</p>

<p><strong>Yes and no.</strong></p>

<p>While there are no general laws that ban the display of offensive symbols, they are prohibited in certain circumstances. Significantly, this is in the workplace.</p>

<p>It is illegal to discriminate on the following bases in the workplace:</p>

<ul>
<li>Race</li>
<li>Sex</li>
<li>Pregnancy</li>
<li>Religion</li>
<li>National origin</li>
<li>Disability (physical or mental, including HIV status)</li>
<li>Age (for workers over 40)</li>
<li>Military service or affiliation</li>
<li>Bankruptcy or bad debts</li>
<li>Genetic information</li>
<li>Citizenship status (for citizens, permanent residents, temporary residents, refugees, and asylees)</li>
</ul>

<p>For instance, in <a href="https://scholar.google.com.au/scholar_case?case=2707173104214869053&amp;hl=en&amp;as_sdt=2006" rel="noreferrer">Burlington Industries, Inc. v. Ellerth, 524 US 742 (1998)</a>, the majority found:</p>

<blockquote>
  <p>a plaintiff claiming employment discrimination based upon race could assert a claim for a racially hostile work environment, in addition to the classic claim of so-called "disparate treatment."</p>
</blockquote>

<p>Since you haven't been specific about the nature of the offensive symbol, some examples might be:</p>

<ul>
<li>displaying a swastika</li>
<li>displaying sexually offensive material</li>
<li>displaying racially offensive material</li>
</ul>

<p>These are likely only to apply if the employer ought to have known, or did in fact know, that an employee (or in some cases, the customers) of a business would be offended, or it would amount to discrimination.</p>

<p>Of course, a single display of only the symbol is not likely, <em>on its own</em>, to create a hostile work environment - it would need to be considered with the rest of the facts - but it can certainly be a contributing factor.</p>

<p>It's a bit difficult to list <em>all</em> the situations where similar laws might apply, but this is one of the most prominent (and, to be honest, one of the ones that I'm personally interested in).</p>

<p>The <a href="http://constitution.findlaw.com/amendment1.html" rel="nofollow">First Amendment of the Constitution of the United States</a> prohibits the government from enacting laws that abridge the freedom of speech:</p>

<blockquote>
  <p>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.</p>
</blockquote>

<p>There is no right not to be offended.</p>

<p>In fact, it can be argued that it is only offensive and controversial speech that needs protection.</p>

<p>There is no law that bans the display of offensive symbols.</p>

united-states