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Question
a law bans the sale of wooden poles and nails to prevent people from building crosses which they might burn on peoples lawns. how is this not consistent with the guarantees in the first amendment?
the law imposes prior restraint.
the law is not the least drastic means available.
the law is not content neutral.
the law is too vague.
The First Amendment protects freedom of speech (including symbolic speech like building crosses). A law that bans items (wooden poles and nails) specifically to prevent a form of symbolic speech (building crosses) is not content - neutral. Content - neutral laws are those that regulate the time, place, or manner of speech without targeting the content of the speech. Here, the law is targeting the ability to build crosses (content related to religious or symbolic expression) by banning materials.
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The law is not content neutral.