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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 90-7675
- --------
- R. A. V., PETITIONER v. CITY OF
- ST. PAUL, MINNESOTA
- on writ of certiorari to the supreme court of
- minnesota
- [June 22, 1992]
-
- Justice Scalia delivered the opinion of the Court.
- In the predawn hours of June 21, 1990, petitioner and
- several other teenagers allegedly assembled a crudely-made
- cross by taping together broken chair legs. They then
- allegedly burned the cross inside the fenced yard of a black
- family that lived across the street from the house where
- petitioner was staying. Although this conduct could have
- been punished under any of a number of laws, one of the
- two provisions under which respondent city of St. Paul
- chose to charge petitioner (then a juvenile) was the St. Paul
- Bias-Motivated Crime Ordinance, St. Paul, Minn. Legis.
- Code 292.02 (1990), which provides:
- -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.-
- Petitioner moved to dismiss this count on the ground that
- the St. Paul ordinance was substantially overbroad and
- impermissibly content-based and therefore facially invalid
- under the First Amendment. The trial court granted this
- motion, but the Minnesota Supreme Court reversed. That
- court rejected petitioner's overbreadth claim because, as
- construed in prior Minnesota cases, see, e.g., In re Welfare
- of S. L. J., 263 N. W. 2d 412 (Minn. 1978), the modifying
- phrase -arouses anger, alarm or resentment in others-
- limited the reach of the ordinance to conduct that amounts
- to -fighting words,- i.e., -conduct that itself inflicts injury
- or tends to incite immediate violence . . .,- In re Welfare of
- R. A. V., 464 N. W. 2d 507, 510 (Minn. 1991) (citing
- Chaplinsky v. New Hampshire, 315 U. S. 568, 572 (1942)),
- and therefore the ordinance reached only expression -that
- the first amendment does not protect.- 464 N. W. 2d, at
- 511. The court also concluded that the ordinance was not
- impermissibly content-based because, in its view, -the
- ordinance is a narrowly tailored means toward accomplish-
- ing the compelling governmental interest in protecting the
- community against bias-motivated threats to public safety
- and order.- Ibid. We granted certiorari, 501 U. S. ___
- (1991).
- I
- In construing the St. Paul ordinance, we are bound by the
- construction given to it by the Minnesota court. Posadas de
- Puerto Rico Associates v. Tourism Co. of Puerto Rico, 478
- U. S. 328, 339 (1986); New York v. Ferber, 458 U. S. 747,
- 769, n. 24 (1982); Terminiello v. Chicago, 337 U. S. 1, 4
- (1949). Accordingly, we accept the Minnesota Supreme
- Court's authoritative statement that the ordinance reaches
- only those expressions that constitute -fighting words-
- within the meaning of Chaplinsky. 464 N. W. 2d, at
- 510-511. Petitioner and his amici urge us to modify the
- scope of the Chaplinsky formulation, thereby invalidating
- the ordinance as -substantially overbroad,- Broadrick v.
- Oklahoma, 413 U. S. 601, 610 (1973). We find it unneces-
- sary to consider this issue. Assuming, arguendo, that all of
- the expression reached by the ordinance is proscribable
- under the -fighting words- doctrine, we nonetheless
- conclude that the ordinance is facially unconstitutional in
- that it prohibits otherwise permitted speech solely on the
- basis of the subjects the speech addresses.
- The First Amendment generally prevents government
- from proscribing speech, see, e.g., Cantwell v. Connecticut,
- 310 U. S. 296, 309-311 (1940), or even expressive conduct,
- see, e.g., Texas v. Johnson, 491 U. S. 397, 406 (1989),
- because of disapproval of the ideas expressed. Content-
- based regulations are presumptively invalid. Simon &
- Schuster, Inc. v. Members of N. Y. State Crime Victims Bd.,
- 502 U. S. ___, ___ (1991) (slip op., at 8-9); id., at ___
- (Kennedy, J., concurring in judgment) (slip op., at 3-4);
- Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of
- N. Y., 447 U. S. 530, 536 (1980); Police Dept. of Chicago v.
- Mosley, 408 U. S. 92, 95 (1972). From 1791 to the present,
- however, our society, like other free but civilized societies,
- has permitted restrictions upon the content of speech in a
- few limited areas, which are -of such slight social value as
- a step to truth that any benefit that may be derived from
- them is clearly outweighed by the social interest in order
- and morality.- Chaplinsky, supra, at 572. We have
- recognized that -the freedom of speech- referred to by the
- First Amendment does not include a freedom to disregard
- these traditional limitations. See, e.g., Roth v. United
- States, 354 U. S. 476 (1957) (obscenity); Beauharnais v.
- Illinois, 343 U. S. 250 (1952) (defamation); Chaplinsky v.
- New Hampshire, supra, (-fighting words-); see generally
- Simon & Schuster, supra, at ___ (Kennedy, J., concurring
- in judgment) (slip op., at 4). Our decisions since the 1960's
- have narrowed the scope of the traditional categorical
- exceptions for defamation, see New York Times Co. v.
- Sullivan, 376 U. S. 254 (1964); Gertz v. Robert Welch, Inc.,
- 418 U. S. 323 (1974); see generally Milkovich v. Lorain
- Journal Co., 497 U. S. 1, 13-17 (1990), and for obscenity,
- see Miller v. California, 413 U. S. 15 (1973), but a limited
- categorical approach has remained an important part of our
- First Amendment jurisprudence.
- We have sometimes said that these categories of expres-
- sion are -not within the area of constitutionally protected
- speech,- Roth, supra, at 483; Beauharnais, supra, at 266;
- Chaplinsky, supra, at 571-572, or that the -protection of the
- First Amendment does not extend- to them, Bose Corp. v.
- Consumers Union of United States, Inc., 466 U. S. 485, 504
- (1984); Sable Communications of Cal., Inc. v. FCC, 492
- U. S. 115, 124 (1989). Such statements must be taken in
- context, however, and are no more literally true than is the
- occasionally repeated shorthand characterizing obscenity
- -as not being speech at all,- Sunstein, Pornography and the
- First Amendment, 1986 Duke L. J. 589, 615, n. 146. What
- they mean is that these areas of speech can, consistently
- with the First Amendment, be regulated because of their
- constitutionally proscribable content (obscenity, defamation,
- etc.)-not that they are categories of speech entirely
- invisible to the Constitution, so that they may be made the
- vehicles for content discrimination unrelated to their
- distinctively proscribable content. Thus, the government
- may proscribe libel; but it may not make the further
- content discrimination of proscribing only libel critical of
- the government. We recently acknowledged this distinction
- in Ferber, 458 U. S., at 763, where, in upholding New
- York's child pornography law, we expressly recognized that
- there was no -question here of censoring a particular
- literary theme . . . .- See also id., at 775 (O'Connor, J.,
- concurring) (-As drafted, New York's statute does not
- attempt to suppress the communication of particular
- ideas-).
- Our cases surely do not establish the proposition that the
- First Amendment imposes no obstacle whatsoever to
- regulation of particular instances of such proscribable
- expression, so that the government -may regulate [them]
- freely,- post, at 4 (White, J., concurring in judgment). That
- would mean that a city council could enact an ordinance
- prohibiting only those legally obscene works that contain
- criticism of the city government or, indeed, that do not
- include endorsement of the city government. Such a
- simplistic, all-or-nothing-at-all approach to First Amend-
- ment protection is at odds with common sense and with our
- jurisprudence as well. It is not true that -fighting words-
- have at most a -de minimis- expressive content, ibid., or
- that their content is in all respects -worthless and unde-
- serving of constitutional protection,- post, at 6; sometimes
- they are quite expressive indeed. We have not said that
- they constitute -no part of the expression of ideas,- but only
- that they constitute -no essential part of any exposition of
- ideas.- Chaplinsky, 315 U. S., at 572 (emphasis added).
- The proposition that a particular instance of speech can
- be proscribable on the basis of one feature (e.g., obscenity)
- but not on the basis of another (e.g., opposition to the city
- government) is commonplace, and has found application in
- many contexts. We have long held, for example, that
- nonverbal expressive activity can be banned because of the
- action it entails, but not because of the ideas it express-
- es-so that burning a flag in violation of an ordinance
- against outdoor fires could be punishable, whereas burning
- a flag in violation of an ordinance against dishonoring the
- flag is not. See Johnson, 491 U. S., at 406-407. See also
- Barnes v. Glen Theatre, Inc., 501 U. S. ___, ___-___ (1991)
- (plurality) (slip op., at 4-6); id., at ___-___ (Scalia, J.,
- concurring in judgment) (slip op., at 5-6); id., at ___-___
- (Souter, J., concurring in judgment) (slip op., at 1-2);
- United States v. O'Brien, 391 U. S. 367, 376-377 (1968).
- Similarly, we have upheld reasonable -time, place, or
- manner- restrictions, but only if they are -justified without
- reference to the content of the regulated speech.- Ward v.
- Rock Against Racism, 491 U. S. 781, 791 (1989) (internal
- quotation marks omitted); see also Clark v. Community for
- Creative Non-Violence, 468 U. S. 288, 298 (1984) (noting
- that the O'Brien test differs little from the standard applied
- to time, place, or manner restrictions). And just as the
- power to proscribe particular speech on the basis of a
- noncontent element (e.g., noise) does not entail the power
- to proscribe the same speech on the basis of a content
- element; so also, the power to proscribe it on the basis of
- one content element (e.g., obscenity) does not entail the
- power to proscribe it on the basis of other content elements.
- In other words, the exclusion of -fighting words- from the
- scope of the First Amendment simply means that, for
- purposes of that Amendment, the unprotected features of
- the words are, despite their verbal character, essentially a
- -nonspeech- element of communication. Fighting words are
- thus analogous to a noisy sound truck: Each is, as Justice
- Frankfurter recognized, a -mode of speech,- Niemotko v.
- Maryland, 340 U. S. 268, 282 (1951) (Frankfurter, J.,
- concurring in result); both can be used to convey an idea;
- but neither has, in and of itself, a claim upon the First
- Amendment. As with the sound truck, however, so also
- with fighting words: The government may not regulate use
- based on hostility-or favoritism-towards the underlying
- message expressed. Compare Frisby v. Schultz, 487 U. S.
- 474 (1988) (upholding, against facial challenge, a content-
- neutral ban on targeted residential picketing) with Carey v.
- Brown, 447 U. S. 455 (1980) (invalidating a ban on residen-
- tial picketing that exempted labor picketing).
- The concurrences describe us as setting forth a new First
- Amendment principle that prohibition of constitutionally
- proscribable speech cannot be -underinclusiv[e],- post, at 6
- (White, J., concurring in judgment)-a First Amendment
- -absolutism- whereby -within a particular `proscribable'
- category of expression, . . . a government must either pro-
- scribe all speech or no speech at all,- post, at 4 (Stevens,
- J., concurring in judgment). That easy target is of the
- concurrences' own invention. In our view, the First
- Amendment imposes not an -underinclusiveness- limitation
- but a -content discrimination- limitation upon a State's
- prohibition of proscribable speech. There is no problem
- whatever, for example, with a State's prohibiting obscenity
- (and other forms of proscribable expression) only in certain
- media or markets, for although that prohibition would be
- -underinclusive,- it would not discriminate on the basis of
- content. See, e.g., Sable Communications, 492 U. S., at
- 124-126 (upholding 47 U. S. C. 223(b)(1) (1988), which
- prohibits obscene telephone communications).
- Even the prohibition against content discrimination that
- we assert the First Amendment requires is not absolute. It
- applies differently in the context of proscribable speech
- than in the area of fully protected speech. The rationale of
- the general prohibition, after all, is that content discrimina-
- tion -rais[es] the specter that the Government may effec-
- tively drive certain ideas or viewpoints from the market-
- place,- Simon & Schuster, 502 U. S., at ___ (slip op., at 9);
- Leathers v. Medlock, 499 U. S. ___, ___ (1991); FCC v.
- League of Women Voters of California, 468 U. S. 364,
- 383-384 (1984); Consolidated Edison Co., 447 U. S., at 536;
- Police Dept. of Chicago v. Mosley, 408 U. S., at 95-98. But
- content discrimination among various instances of a class
- of proscribable speech often does not pose this threat.
- When the basis for the content discrimination consists
- entirely of the very reason the entire class of speech at
- issue is proscribable, no significant danger of idea or
- viewpoint discrimination exists. Such a reason, having
- been adjudged neutral enough to support exclusion of the
- entire class of speech from First Amendment protection, is
- also neutral enough to form the basis of distinction within
- the class. To illustrate: A State might choose to prohibit
- only that obscenity which is the most patently offensive in
- its prurience-i.e., that which involves the most lascivious
- displays of sexual activity. But it may not prohibit, for
- example, only that obscenity which includes offensive
- political messages. See Kucharek v. Hanaway, 902 F. 2d
- 513, 517 (CA7 1990), cert. denied, 498 U. S. ___ (1991).
- And the Federal Government can criminalize only those
- threats of violence that are directed against the President,
- see 18 U. S. C. 871-since the reasons why threats of
- violence are outside the First Amendment (protecting
- individuals from the fear of violence, from the disruption
- that fear engenders, and from the possibility that the
- threatened violence will occur) have special force when
- applied to the person of the President. See Watts v. United
- States, 394 U. S. 705, 707 (1969) (upholding the facial
- validity of 871 because of the -overwhelmin[g] interest in
- protecting the safety of [the] Chief Executive and in
- allowing him to perform his duties without interference
- from threats of physical violence-). But the Federal
- Government may not criminalize only those threats against
- the President that mention his policy on aid to inner cities.
- And to take a final example (one mentioned by Justice
- Stevens, post, at 6-7), a State may choose to regulate price
- advertising in one industry but not in others, because the
- risk of fraud (one of the characteristics of commercial
- speech that justifies depriving it of full First Amendment
- protection, see Virginia Pharmacy Bd. v. Virginia Citizens
- Consumer Council, Inc., 425 U. S. 748, 771-772 (1976)) is
- in its view greater there. Cf. Morales v. Trans World
- Airlines, Inc., 504 U. S. ___ (1992) (state regulation of
- airline advertising); Ohralik v. Ohio State Bar Assn., 436
- U. S. 447 (1978) (state regulation of lawyer advertising).
- But a State may not prohibit only that commercial advertis-
- ing that depicts men in a demeaning fashion, see, e.g., L. A.
- Times, Aug. 8, 1989, section 4, p. 6, col. 1.
- Another valid basis for according differential treatment
- to even a content-defined subclass of proscribable speech is
- that the subclass happens to be associated with particular
- -secondary effects- of the speech, so that the regulation is
- -justified without reference to the content of the . . .
- speech,- Renton v. Playtime Theatres, Inc., 475 U. S. 41, 48
- (1986) (quoting, with emphasis, Virginia Pharmacy Bd.,
- supra, at 771); see also Young v. American Mini Theatres,
- Inc., 427 U. S. 50, 71, n. 34 (1976) (plurality); id., at 80-82
- (Powell, J., concurring); Barnes, 501 U. S., at ___-___
- (Souter, J., concurring in judgment) (slip op., at 3-7).
- A State could, for example, permit all obscene live perfor-
- mances except those involving minors. Moreover, since
- words can in some circumstances violate laws directed not
- against speech but against conduct (a law against treason,
- for example, is violated by telling the enemy the nation's
- defense secrets), a particular content-based subcategory of
- a proscribable class of speech can be swept up incidentally
- within the reach of a statute directed at conduct rather
- than speech. See id., at ___ (plurality) (slip op., at 4); id.,
- at ___ (Scalia, J., concurring in judgment) (slip op., at 5-6);
- id., at ___ (Souter, J., concurring in judgment) (slip op., at
- 1-2); FTC v. Superior Court Trial Lawyers Assn., 493 U. S.
- 411, 425-432 (1990); O'Brien, 391 U. S., at 376-377. Thus,
- for example, sexually derogatory -fighting words,- among
- other words, may produce a violation of Title VII's general
- prohibition against sexual discrimination in employment
- practices, 42 U. S. C. 2000e-2; 29 CFR 1604.11 (1991).
- See also 18 U. S. C. 242; 42 U. S. C. 1981, 1982. Where
- the government does not target conduct on the basis of its
- expressive content, acts are not shielded from regulation
- merely because they express a discriminatory idea or
- philosophy.
- These bases for distinction refute the proposition that the
- selectivity of the restriction is -even arguably `conditioned
- upon the sovereign's agreement with what a speaker may
- intend to say.'- Metromedia, Inc. v. San Diego, 453 U. S.
- 490, 555 (1981) (Stevens, J., dissenting in part) (citation
- omitted). There may be other such bases as well. Indeed,
- to validate such selectivity (where totally proscribable
- speech is at issue) it may not even be necessary to identify
- any particular -neutral- basis, so long as the nature of the
- content discrimination is such that there is no realistic
- possibility that official suppression of ideas is afoot. (We
- cannot think of any First Amendment interest that would
- stand in the way of a State's prohibiting only those obscene
- motion pictures with blue-eyed actresses.) Save for that
- limitation, the regulation of -fighting words,- like the
- regulation of noisy speech, may address some offensive
- instances and leave other, equally offensive, instances
- alone. See Posadas de Puerto Rico, 478 U. S., at 342-343.
- II
- Applying these principles to the St. Paul ordinance, we
- conclude that, even as narrowly construed by the Minnesota
- Supreme Court, the ordinance is facially unconstitutional.
- Although the phrase in the ordinance, -arouses anger,
- alarm or resentment in others,- has been limited by the
- Minnesota Supreme Court's construction to reach only those
- symbols or displays that amount to -fighting words,- the
- remaining, unmodified terms make clear that the ordinance
- applies only to -fighting words- that insult, or provoke
- violence, -on the basis of race, color, creed, religion or
- gender.- Displays containing abusive invective, no matter
- how vicious or severe, are permissible unless they are
- addressed to one of the specified disfavored topics. Those
- who wish to use -fighting words- in connection with other
- ideas-to express hostility, for example, on the basis of
- political affiliation, union membership, or homosexual-
- ity-are not covered. The First Amendment does not per-
- mit St. Paul to impose special prohibitions on those
- speakers who express views on disfavored subjects. See
- Simon & Schuster, 502 U. S., at ___ (slip op., at 8-9);
- Arkansas Writers' Project, Inc. v. Ragland, 481 U. S. 221,
- 229-230 (1987).
- In its practical operation, moreover, the ordinance goes
- even beyond mere content discrimination, to actual
- viewpoint discrimination. Displays containing some
- words-odious racial epithets, for example-would be
- prohibited to proponents of all views. But -fighting words-
- that do not themselves invoke race, color, creed, religion, or
- gender-aspersions upon a person's mother, for exam-
- ple-would seemingly be usable ad libitum in the placards
- of those arguing in favor of racial, color, etc. tolerance and
- equality, but could not be used by that speaker's opponents.
- One could hold up a sign saying, for example, that all -anti-
- Catholic bigots- are misbegotten; but not that all -papists-
- are, for that would insult and provoke violence -on the basis
- of religion.- St. Paul has no such authority to license one
- side of a debate to fight freestyle, while requiring the other
- to follow Marquis of Queensbury Rules.
- What we have here, it must be emphasized, is not a
- prohibition of fighting words that are directed at certain
- persons or groups (which would be facially valid if it met
- the requirements of the Equal Protection Clause); but
- rather, a prohibition of fighting words that contain (as the
- Minnesota Supreme Court repeatedly emphasized) mes-
- sages of -bias-motivated- hatred and in particular, as ap-
- plied to this case, messages -based on virulent notions of
- racial supremacy.- 464 N. W. 2d, at 508, 511. One must
- wholeheartedly agree with the Minnesota Supreme Court
- that -[i]t is the responsibility, even the obligation, of diverse
- communities to confront such notions in whatever form they
- appear,- ibid., but the manner of that confrontation cannot
- consist of selective limitations upon speech. St. Paul's brief
- asserts that a general -fighting words- law would not meet
- the city's needs because only a content-specific measure can
- communicate to minority groups that the -group hatred-
- aspect of such speech -is not condoned by the majority.-
- Brief for Respondent 25. The point of the First Amendment
- is that majority preferences must be expressed in some
- fashion other than silencing speech on the basis of its
- content.
- Despite the fact that the Minnesota Supreme Court and
- St. Paul acknowledge that the ordinance is directed at
- expression of group hatred, Justice Stevens suggests that
- this -fundamentally misreads- the ordinance. Post, at
- 18-19. It is directed, he claims, not to speech of a particu-
- lar content, but to particular -injur[ies]- that are -qualita-
- tively different- from other injuries. Post, at 9. This is
- word-play. What makes the anger, fear, sense of dishonor,
- etc. produced by violation of this ordinance distinct from the
- anger, fear, sense of dishonor, etc. produced by other
- fighting words is nothing other than the fact that it is
- caused by a distinctive idea, conveyed by a distinctive
- message. The First Amendment cannot be evaded that
- easily. It is obvious that the symbols which will arouse
- -anger, alarm or resentment in others on the basis of race,
- color, creed, religion or gender- are those symbols that
- communicate a message of hostility based on one of these
- characteristics. St. Paul concedes in its brief that the
- ordinance applies only to -racial, religious, or gender-
- specific symbols- such as -a burning cross, Nazi swastika or
- other instrumentality of like import.- Brief for Respon-
- dent 8. Indeed, St. Paul argued in the Juvenile Court that
- -[t]he burning of a cross does express a message and it is,
- in fact, the content of that message which the St. Paul
- Ordinance attempts to legislate.- Memorandum from the
- Ramsey County Attorney to the Honorable Charles A.
- Flinn, Jr., dated July 13, 1990, in In re Welfare of R. A. V.,
- No. 89-D-1231 (Ramsey Cty. Juvenile Ct.), p. 1, reprinted
- in App. to Brief for Petitioner C-1.
- The content-based discrimination reflected in the St. Paul
- ordinance comes within neither any of the specific excep-
- tions to the First Amendment prohibition we discussed
- earlier, nor within a more general exception for content
- discrimination that does not threaten censorship of ideas.
- It assuredly does not fall within the exception for content
- discrimination based on the very reasons why the particular
- class of speech at issue (here, fighting words) is proscri-
- bable. As explained earlier, see supra, at 8, the reason why
- fighting words are categorically excluded from the protec-
- tion of the First Amendment is not that their content
- communicates any particular idea, but that their content
- embodies a particularly intolerable (and socially unneces-
- sary) mode of expressing whatever idea the speaker wishes
- to convey. St. Paul has not singled out an especially
- offensive mode of expression-it has not, for example,
- selected for prohibition only those fighting words that
- communicate ideas in a threatening (as opposed to a merely
- obnoxious) manner. Rather, it has proscribed fighting
- words of whatever manner that communicate messages of
- racial, gender, or religious intolerance. Selectivity of this
- sort creates the possibility that the city is seeking to
- handicap the expression of particular ideas. That possibil-
- ity would alone be enough to render the ordinance presump-
- tively invalid, but St. Paul's comments and concessions in
- this case elevate the possibility to a certainty.
- St. Paul argues that the ordinance comes within another
- of the specific exceptions we mentioned, the one that allows
- content discrimination aimed only at the -secondary effects-
- of the speech, see Renton v. Playtime Theatres, Inc., 475
- U. S. 41 (1986). According to St. Paul, the ordinance is
- intended, -not to impact on [sic] the right of free expression
- of the accused,- but rather to -protect against the victimiza-
- tion of a person or persons who are particularly vulnerable
- because of their membership in a group that historically
- has been discriminated against.- Brief for Respondent 28.
- Even assuming that an ordinance that completely pro-
- scribes, rather than merely regulates, a specified category
- of speech can ever be considered to be directed only to the
- secondary effects of such speech, it is clear that the St. Paul
- ordinance is not directed to secondary effects within the
- meaning of Renton. As we said in Boos v. Barry, 485 U. S.
- 312 (1988), -[l]isteners' reactions to speech are not the type
- of `secondary effects' we referred to in Renton.- Id., at 321.
- -The emotive impact of speech on its audience is not a
- `secondary effect.'- Ibid. See also id., at 334 (opinion of
- Brennan, J.).
- It hardly needs discussion that the ordinance does not fall
- within some more general exception permitting all selectiv-
- ity that for any reason is beyond the suspicion of official
- suppression of ideas. The statements of St. Paul in this
- very case afford ample basis for, if not full confirmation of,
- that suspicion.
- Finally, St. Paul and its amici defend the conclusion of
- the Minnesota Supreme Court that, even if the ordinance
- regulates expression based on hostility towards its protected
- ideological content, this discrimination is nonetheless
- justified because it is narrowly tailored to serve compelling
- state interests. Specifically, they assert that the ordinance
- helps to ensure the basic human rights of members of
- groups that have historically been subjected to discrimina-
- tion, including the right of such group members to live in
- peace where they wish. We do not doubt that these
- interests are compelling, and that the ordinance can be said
- to promote them. But the -danger of censorship- presented
- by a facially content-based statute, Leathers v. Medlock, 499
- U. S. ___, ___ (1991) (slip op., at 8), requires that that
- weapon be employed only where it is -necessary to serve the
- asserted [compelling] interest,- Burson v. Freeman, 504
- U. S. ___, ___ (1992) (plurality) (slip op., at 8) (emphasis
- added); Perry Education Assn. v. Perry Local Educators'
- Assn., 460 U. S. 37, 45 (1983). The existence of adequate
- content-neutral alternatives thus -undercut[s] significantly-
- any defense of such a statute, Boos v. Barry, supra, at 329,
- casting considerable doubt on the government's protesta-
- tions that -the asserted justification is in fact an accurate
- description of the purpose and effect of the law,- Burson,
- supra, at ___ (Kennedy, J., concurring) (slip op., at 2). See
- Boos, supra, at 324-329; cf. Minneapolis Star & Tribune Co.
- v. Minnesota Comm'r of Revenue, 460 U. S. 575, 586-587
- (1983). The dispositive question in this case, therefore, is
- whether content discrimination is reasonably necessary to
- achieve St. Paul's compelling interests; it plainly is not. An
- ordinance not limited to the favored topics, for example,
- would have precisely the same beneficial effect. In fact the
- only interest distinctively served by the content limitation
- is that of displaying the city council's special hostility
- towards the particular biases thus singled out. That is
- precisely what the First Amendment forbids. The politi-
- cians of St. Paul are entitled to express that hostility-but
- not through the means of imposing unique limitations upon
- speakers who (however benightedly) disagree.
- * * *
- Let there be no mistake about our belief that burning a
- cross in someone's front yard is reprehensible. But St. Paul
- has sufficient means at its disposal to prevent such behav-
- ior without adding the First Amendment to the fire.
- The judgment of the Minnesota Supreme Court is
- reversed, and the case is remanded for proceedings not
- inconsistent with this opinion.
-
- It is so ordered.
-