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QUESTION

Ben Cohen (of Ben and Jerry's Icecream fame) was recently arrested for participating in a quot;public demonstrationquot; in Burlington, Vermont.

Ben Cohen (of Ben and Jerry's Icecream fame) was recently arrested for participating in a "public demonstration" in Burlington, Vermont. He was ultimately arrested for violating the city's noise ordinance. Read these essays about what happened:

https://vtdigger.org/2018/03/04/ice-cream-mogul-ben-cohen-activists-arrested-jet-blasts-burlington/

https://www.usatoday.com/story/news/nation-now/2018/03/03/ben-and-jerrys-co-founder-ben-cohen-arrested/392588002/

Using the four-part test from United States v. O'Brien (1968) (and discussed in chapter 11 of Tedford and Herbeck), explain your answer to this question: Did Burlington violate Ben's First Amendment rights? Even if he wasn't speaking, was he engaged in "symbolic expression" that is protected by the First Amendment?

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