A city ordinance prohibits any public display of signs that are deemed 'offensive to public morals' without providing further definition of what constitutes 'offensive.' An artist is fined by the city after displaying a protest sign that criticized local government leaders using harsh language. The artist challenges the ordinance in federal court. Which constitutional argument is the most effective for challenging the ordinance?
No infringement of First Amendment rights occurred, as the restriction pertains to offensive language.
The ordinance constitutes a prior restraint on free speech due to the fine imposed on the artist.
The ordinance is unconstitutionally vague, as it fails to provide a clear definition of 'offensive to public morals.'
The ordinance is unconstitutionally overbroad, as it prohibits protected and unprotected expression simultaneously.
The correct argument is that the ordinance is unconstitutionally vague. The ordinance's lack of a clear standard for determining what is 'offensive to public morals' fails to provide adequate notice of what conduct is prohibited, which is a violation of due process. Additionally, such vagueness risks arbitrary enforcement, as it allows government officials to subjectively decide what falls under the ordinance.
The overbreadth doctrine, while related, applies when a regulation restricts both protected and unprotected expression. While this could be a secondary argument, its focus is distinct from vagueness. Challenging it as prior restraint is incorrect because prior restraint generally involves pre-approval by the government before expression occurs, which is not the case here. Claiming no infringement of First Amendment rights fails because the ordinance directly restricts expression based on content.
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