Michigan Journal of Gender & Law Volume 15 Issue 1 2008 The Lactating Angel or Activist? Public Breatsfeeding as Symbolic Speech Elizabeth Hildebrand Matherne Law Offices of Robert Wesley, Public Defender, Ninth Judicial Circuit of Florida Follow this and additional works at: https://repository.law.umich.edu/mjgl Part of the First Amendment Commons, and the Law and Gender Commons Recommended Citation Elizabeth H. Matherne, The Lactating Angel or Activist? Public Breatsfeeding as Symbolic Speech, 15 MICH. J. GENDER & L. 121 (2008). Available at: https://repository.law.umich.edu/mjgl/vol15/iss1/3 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Gender & Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. THE LACTATING ANGEL OR ACTIVIST? PUBLIC BREASTFEEDING AS SYMBOLIC SPEECHt Elizabeth Bildebrand c.atherne* INTRODUCTION- 121 1. CULTURAL CONTEXT-THE BENEFITS OF BREASTFEEDING • 123 A. Breastfeeding Benefits the Infant • 124 B. Breastfeeding Benefits the Mother • 125 C. Breastfeeding Benefits Society . 126 II. CULTURAL CONTEXT-SOCIAL STIGMA • 127 III. SOCIETY'S MESSAGE-WOMEN BELONG IN THE HOME . 128 IV. No VIABLE LEGAL RECOURSE • 131 V. HISTORY OF FIRST AMENDMENT AND SYMBOLIC SPEECH • 134 VI. SYMBOLIC SPEECH UNDER THE SPENCE TEST • 136 VII. BREASTFEEDING IS SYMBOLIC SPEECH • 139 CONCLUSION . 142 INTRODUCTION "[T]he history of women's visibility is predominately the history of women's objectification and oppression. "' t The term "lactating angel" borrowed with the author's permission from the article of St.