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

Paul, Minnesota

505 U.S. 377 (1992)

CASE SYNOPSIS

Petitioner sought review by certiorari of an order of the Supreme Court of Minnesota, which
reversed a state appellate court's dismissal of criminal charges against him brought under St.
Paul Bias-Motivated Crime Ordinance, St. Paul, Minn., Legis. Code § 292.02 (1990), and upheld
the statute as constitutional.

CASE FACTS

Petitioner was charged with violating St. Paul Bias-Motivated Crime Ordinance, St. Paul, Minn.,
Legis. Code § 292.02 (1990), for allegedly burning a cross in the yard of an African-American
family. Petitioner moved to dismiss the charge challenging the statute as overbroad and
impermissibly content-based, thus, violating the First Amendment. The trial court granted his
motion, but the appellate court reversed and upheld the statute.

DISCUSSION

 The Court reversed, concluding that even if the expression reached by the ordinance
was proscribable under the "fighting words" doctrine, the ordinance was facially unconstitutional
because it prohibited otherwise permitted speech solely on the basis of the subjects the speech
addressed.
 The Court held that the First Amendment did not permit the government to impose
special prohibitions on speakers who express views on disfavored subjects.
 While the statute served a compelling interest, there were content-neutral alternatives
available.

CONCLUSION

The Court reversed the appellate court order and struck down a bias-motivated crime ordinance
as facially unconstitutional.