Overbreadth Objection (not
within
fighting words exception to First Am protection):
"Whoever places on public or private property a symbol,
object, appellation, characterization or graffiti, including, but not
limited
to, a burning cross or Nazi swastika, which one knows or has reasonable
grounds to know arouses anger, alarm or
resentment
in others on the basis of race, color, creed, religion or gender
commits
disorderly conduct and shall be guilty of a misdemeanor."
Content-Based Objection of
Justice
Scalia and Majority:
"Whoever places on public or private property a symbol,
object, appellation, characterization or graffiti, including, but not
limited
to, a burning cross or Nazi swastika, which one knows or has reasonable
grounds to know arouses anger, alarm or
resentment
in
others on the basis of race, color, creed,
religion
or gender commits disorderly conduct and shall be guilty of a
misdemeanor."
Hypo: Permissible Under R.A.V's
Exceptions? Why?
"Whoever places on public or private property a symbol,
object, appellation, characterization or graffiti, including, but not
limited
to, a burning cross or Nazi swastika, which one knows or has reasonable
grounds to know arouses anger or alarm in children
commits disorderly
conduct and shall be guilty of a misdemeanor."