Richard Stillman, a 3L here (with a PhD in philosophy), has just published a quite ingenious solution to the puzzle of what the Court’s test is for nonverbal “expressive” conduct, involving a judicious use of some philosophy of language. Free speech scholars should read this!
https://leiterlawschool.typepad.com/leiter/2023/09/a-student-law-review-comment-that-solves-a-standing-puzzle-in-first-amendment-doctrine.html