426
Stevens, J., concurring in judgment
nizes exceptions to its new principle, those exceptions undermine its very conclusion that the St. Paul ordinance is unconstitutional. Stated directly, the majority's position cannot withstand scrutiny.
II
Although I agree with much of Justice White's analysis, I do not join Part I-A of his opinion because I have reservations about the "categorical approach" to the First Amendment. These concerns, which I have noted on other occasions, see, e. g., New York v. Ferber, 458 U. S. 747, 778 (1982) (opinion concurring in judgment), lead me to find Justice White's response to the Court's analysis unsatisfying.
Admittedly, the categorical approach to the First Amendment has some appeal: Either expression is protected or it is not—the categories create safe harbors for governments and speakers alike. But this approach sacrifices subtlety for clarity and is, I am convinced, ultimately unsound. As an initial matter, the concept of "categories" fits poorly with the complex reality of expression. Few dividing lines in First Amendment law are straight and unwavering, and efforts at categorization inevitably give rise only to fuzzy boundaries. Our definitions of "obscenity," see, e. g., Marks v. United States, 430 U. S. 188, 198 (1977) (Stevens, J., concurring in part and dissenting in part), and "public forum," see, e. g., United States Postal Service v. Council of Greenburgh Civic Assns., 453 U. S. 114, 126-131 (1981); id., at 136-140 (Brennan, J., concurring in judgment); id., at 147-151 (Marshall, J., dissenting); id., at 152-154 (Stevens, J., dissenting) (all debating the definition of "public forum"), illustrate this all too well. The quest for doctrinal certainty through the definition of categories and subcategories is, in my opinion, destined to fail.
Moreover, the categorical approach does not take seriously the importance of context. The meaning of any expression and the legitimacy of its regulation can only be determined
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