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US Federal Constitution QUESTION #5815
Question 1
A city ordinance prohibits the display of any sign that 'tends to incite a breach of the peace' or 'causes offense to members of a protected class.' A protester is arrested for holding a sign that says 'All Politicians are Thieves.' Is the ordinance constitutional?
  • Yes, because the city has a compelling interest in preventing breaches of the peace.
  • Yes, because the sign constitutes 'fighting words.'
  • No, because the ordinance is overbroad and vague.✔️
  • No, because political speech is subject to the highest level of protection.
Correct Answer Explanation
The ordinance is likely unconstitutional for vagueness (what 'causes offense' is subjective) and overbreadth (it could prohibit a vast amount of protected speech). 'Fighting words' must be face-to-face insults likely to provoke an immediate violent response, not general political statements.