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

St. Paul, Minnesota

June 23,1992

Crime Committed!

Sparking the Fire

Robert A. Viktora and accomplices built and burned a wooden cross on the front lawn of the Jones family, who resided in St. Paul, Minnesota. The victim lived just across the street from the defendent. Mr. Viktora was charged with a variety of offenses following the incident.

Following the Appeal

Local man Robert Victoria charged after allegedly burned a cross on neighbors front law!

Up in Flames, Down In Court

While multiple charges were filed, one specific charge brought up against Mr. Viktora was debatably infringing on his right to Free Speech . The specific Ordinance is called the St. Paul Bias Motivated Crime Ordinance. Eventually, this matter would be taken to the Supreme Court after R.A.V. decided to appeal on the basis of 1st Amendment Infringement.

Case Going To Supreme Court. Unconsittutional Ordinance at work?

Result of the Case...

The Aftermath...

The U.S. Supreme Court agreed with the defendent that the St. Paul ordinance was unconstitutional on the grounds that it restricted the defendents right to free speech. The ordinance was dropped, however the defendent was then charged with "fighting words" ensuring punishment for his actions.

The ordinance was ruled unconstitutional because it prohibits speech based on its content, which can unfairly silence one side of an argument. Under the first Amendment people have the right to speak as they wish, even if they wish to share an unfavorable opinion.

Sources:

Case Briefs:

http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-sullivan/freedom-of-speech-why-government-restricts-speech-unprotected-and-less-protected-expression/r-a-v-v-city-of-st-paul-2/

Oyez:

https://www.oyez.org/cases/1991/90-7675

Presentation by:

Joe Hinely, Rob Piper, Andrew Musulman, and Yiwen Kang

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