378
Syllabus
(c) The ordinance, even as narrowly construed by the State Supreme Court, is facially unconstitutional because it imposes special prohibitions on those speakers who express views on the disfavored subjects of "race, color, creed, religion or gender." At the same time, it permits displays containing abusive invective if they are not addressed to those topics. Moreover, in its practical operation the ordinance goes beyond mere content, to actual viewpoint, discrimination. Displays containing "fighting words" that do not invoke the disfavored subjects would seemingly be useable ad libitum by those arguing in favor of racial, color, etc., tolerance and equality, but not by their opponents. St. Paul's desire to communicate to minority groups that it does not condone the "group hatred" of bias-motivated speech does not justify selectively silencing speech on the basis of its content. Pp. 391-393.
(d) The content-based discrimination reflected in the ordinance does not rest upon the very reasons why the particular class of speech at issue is proscribable, it is not aimed only at the "secondary effects" of speech within the meaning of Renton v. Playtime Theatres, Inc., 475 U. S. 41, and it is not for any other reason the sort that does not threaten censorship of ideas. In addition, the ordinance's content discrimination is not justified on the ground that the ordinance is narrowly tailored to serve a compelling state interest in ensuring the basic human rights of groups historically discriminated against, since an ordinance not limited to the favored topics would have precisely the same beneficial effect. Pp. 393-396.
464 N. W. 2d 507, reversed and remanded.
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, and Thomas, JJ., joined. White, J., filed an opinion concurring in the judgment, in which Blackmun and O'Connor, JJ., joined, and in which Stevens, J., joined except as to Part I-A, post, p. 397. Blackmun, J., filed an opinion concurring in the judgment, post, p. 415. Stevens, J., filed an opinion concurring in the judgment, in Part I of which White and Blackmun, JJ., joined, post, p. 416.
Edward J. Cleary argued the cause for petitioner. With him on the briefs was Michael F. Cromett.
Tom Foley argued the cause for respondent. With him on the brief was Steven C. DeCoster.*
*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Steven R. Shapiro, John A. Powell, and Mark R. Anfinson; for the Association of American Publishers et al. by
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