R.A.V v. City of St. Paul Flashcards

Questions and Answers

What did the Petitioner, R.A.V., and several teenagers do?

Littered in a public place

Held a peaceful protest

Made a cross and burned it (correct)

Formed a community garden

The Ordinance charged R.A.V. was primarily based on the content of the message.

True

What was the main issue in the R.A.V. v. City of St. Paul case?

Whether the Ordinance is substantially overbroad and impermissibly content-based.

What was the ruling regarding the constitutionality of the Ordinance?

The statute is unconstitutional. Signup and view all the answers

The reasoning behind the decision was based on the __________.

1st amendment Signup and view all the answers

Define Content Based Regulation.

Gov't action that restrains expression in a particular place or medium but is not based on the content of the message. Signup and view all the answers

Match the conditions of the Content Neutral Test:

<ol> <li>Within power of gov't = Has to be constitutional</li> <li>Further substantial Gov't interest = Does benefit the gov't</li> <li>Interest unrelated to expression = Not relating to the content</li> <li>Narrowly tailored = As close as strict as possible</li> </ol> Signup and view all the answers

Proscribable speech is a type of true threat.

True Signup and view all the answers

Study Notes

R.A.V v. City of St. Paul Overview

R.A.V. and other teenagers burned a cross in the yard of a black family, leading to legal action by St. Paul City under an Ordinance against race-based harmful conduct.
The Petitioner argued the Ordinance was overly broad and content-based, resulting in the trial court dismissing the charge.
The Minnesota Supreme Court reversed the trial court's decision, leading to further legal scrutiny.

Legal Issues

Central question: Is the Ordinance substantially overbroad and impermissibly content-based?

Court's Decision

The court ruled that the statute is unconstitutional as it restricts protected speech based on the speech's subject matter.
Even if limited to "fighting words," the ordinance covers speech that incites violence or insults based on race.

Constitutional Principles

The ruling emphasizes the First Amendment's protection of speech, regardless of the content as long as it does not constitute true threats.

Key Terminology

Content Based Regulation: Government actions that limit expression based on the message's content, focusing on the location and medium rather than the message itself.

Content Neutral Test Components

Must fall within the government's constitutional powers.
Should advance substantial governmental interests.
The interest must be unrelated to the expression.
Regulations must be narrowly tailored to achieve the desired outcome without excessive restriction.

Proscribable Speech Definition

Defined as true threats where a speaker threatens an individual or group with the intent to incite fear of bodily harm or death.

Description

Test your knowledge on the key concepts and facts related to the landmark case of R.A.V v. City of St. Paul. This quiz will help you understand the implications of the court ruling on free speech and hate speech laws. Perfect for law students or anyone interested in civil rights and legal precedents.