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MMLU / A city ordinance provides that it shall be unlawful for any person to litter in…

Problem

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question

A city ordinance provides that it shall be unlawful for any person to litter in a public park, and that a violation of this ordinance shall be punished by a fine of not more than $100 or imprisonment for not more than 30 days. A protestor organized a demonstration against federal governmental support to rebels in a foreign country. The rally took place in a city park, and attracted about 100 supporters. During the rally, the protestor delivered a speech to the attendees. At the conclusion of his speech, the protestor said, "I'm sick and tired of the garbage this administration is getting away with. Here's what I think about its policy of rebel aid . . . " At which point, the protestor walked over to a trash can and dumped its contents on the ground. As the crowd cheered wildly, the protestor shouted, "No more rebel aid . . . let's stop this garbage now!" After littering the park, the protestor and his supporters left without picking up the trash. As a matter of constitutional law, may the protestor be prosecuted under the aforementioned city ordinance for littering the public park?

choices

  1. No, because littering the park in these circumstances could be construed as symbolic speech and, thus, it is protected from government regulation by the First and Fourteenth Amendments.
  2. No, because the facts do not indicate that the protestor's actions presented a clear and present danger that was likely to produce or incite imminent lawless action, thereby necessitating an abridgment of his freedom of speech.
  3. Yes, because the city ordinance advances an important and legitimate public interest and is not directed at the suppression of communication.
  4. Yes, because littering the park is conduct, not speech and, therefore, it may not be treated by the law as communication.

subject

professional_law

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