speech and conduct

When is conduct speech?

Brownstein and Amar step into the old debate of when/whether the first amendment protects conduct as speech. Read it here.

The column discusses the recent Solomon Amendment case dealing with whether law schools may refuse, under first amendment principles, to obey Solomon, which in turn requires the schools to provide access for military recruiters on campus.

The basic thrust of the opinion, written by the Chief Justice, is that offering access is not speech, and any association to the recruiters' message is incidental. (the objection from the schools was in not wanting to be associated with certain sex discrimination practices)

The speech/conduct divide is not a political divide, so far as I can tell. Some may want actions such as the colleges' protected, others want money donations protected.

I generally sympathize with those opposed to a strict speech line. It seems simplistic to offer the 1st amend speech protections to oral noise. But I am far from a decided line. Thoughts?