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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- R. A. V. v. CITY OF ST. PAUL, MINNESOTA
- certiorari to the supreme court of minnesota
- No. 90-7675. Argued December 4, 1991-Decided June 22, 1992
-
- After allegedly burning a cross on a black family's lawn, petitioner
- R. A. V. was charged under, inter alia, the St. Paul, Minnesota, Bias-
- Motivated Crime Ordinance, which prohibits the display of a symbol
- which one knows or has reason to know ``arouses anger, alarm or
- resentment in others on the basis of race, color, creed, religion or
- gender.'' The trial court dismissed this charge on the ground that
- the ordinance was substantially overbroad and impermissibly content-
- based, but the State Supreme Court reversed. It rejected the over-
- breadth claim because the phrase ``arouses anger, alarm or resent-
- ment in others'' had been construed in earlier state cases to limit the
- ordinance's reach to ``fighting words'' within the meaning of this
- Court's decision in Chaplinsky v. New Hampshire, 315 U.S. 568,
- 572, a category of expression unprotected by the First Amendment.
- The court also concluded that the ordinance was not impermissibly
- content-based because it was narrowly tailored to serve a compelling
- governmental interest in protecting the community against bias-
- motivated threats to public safety and order.
- Held:The ordinance is facially invalid under the First Amendment.
- Pp.2-18.
- (a)This Court is bound by the state court's construction of the
- ordinance as reaching only expressions constituting ``fighting words.''
- However, R. A. V.'s request that the scope of the Chaplinsky formula-
- tion be modified, thereby invalidating the ordinance as substantially
- overbroad, need not be reached, since the ordinance unconstitutional-
- ly prohibits speech on the basis of the subjects the speech addresses.
- Pp.2-3.
- (b)A few limited categories of speech, such as obscenity, defama-
- tion, and fighting words, may be regulated because of their constitu-
- tionally proscribable content. However, these categories are not
- entirely invisible to the Constitution, and government may not
- regulate them based on hostility, or favoritism, towards a nonpro-
- scribable message they contain. Thus the regulation of ``fighting
- words'' may not be based on nonproscribable content. It may,
- however, be underinclusive, addressing some offensive instances and
- leaving other, equally offensive, ones alone, so long as the selective
- proscription is not based on content, or there is no realistic possibility
- that regulation of ideas is afoot. Pp.4-12.
- (c)The ordinance, even as narrowly construed by the State Su-
- preme Court, is facially unconstitutional because it imposes special
- prohibitions on those speakers who express views on the disfavored
- subjects of ``race, color, creed, religion or gender.'' At the same time,
- it permits displays containing abusive invective if they are not
- addressed to those topics. Moreover, in its practical operation the
- ordinance goes beyond mere content, to actual viewpoint, discrimina-
- tion. Displays containing ``fighting words'' that do not invoke the
- disfavored subjects would seemingly be useable ad libitum by those
- arguing in favor of racial, color, etc. tolerance and equality, but not
- by their opponents. St. Paul's desire to communicate to minority
- groups that it does not condone the ``group hatred'' of bias-motivated
- speech does not justify selectively silencing speech on the basis of its
- content. Pp.12-15.
- (d)The content-based discrimination reflected in the ordinance
- does not rest upon the very reasons why the particular class of
- speech at issue is proscribable, it is not aimed only at the ``secondary
- effects'' of speech within the meaning of Renton v. Playtime Theatres,
- Inc., 475 U.S. 41, and it is not for any other reason the sort that
- does not threaten censorship of ideas. In addition, the ordinance's
- content discrimination is not justified on the ground that the ordi-
- nance is narrowly tailored to serve a compelling state interest in
- ensuring the basic human rights of groups historically discriminated
- against, since an ordinance not limited to the favored topics would
- have precisely the same beneficial effect. Pp.15-18.
- 464 N.W.2d 507, reversed and remanded.
-
- Scalia, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and Kennedy, Souter, and Thomas, JJ., joined. White, J., filed
- an opinion concurring in the judgment, in which Blackmun and
- O'Connor, JJ., joined, and in which Stevens, J., joined except as to
- Part I-A. Blackmun, J., filed an opinion concurring in the judgment.
- Stevens, J., filed an opinion concurring in the judgment, in Part I of
- which White and Blackmun, JJ., joined.
-