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96. How should the court rule?
A speaker at a rally in a public park argued that paper money was unconstitutional because Article I gave Congress the power only to «coin» money. The speaker ended his speech by setting fire to a pile of one-dollar bills. Although the fire was promptly extinguished and there had been no risk that it would spread, the speaker was convicted of violating a local ordinance against starting an open fire in a public place without a permit from the fire department. The speaker has challenged the conviction on constitutional grounds.
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B is incorrect. The ordinance satisfies the First Amendment not simply because it regulates conduct, but also because it is content-neutral. Additionally, it satisfies the elements of intermediate judicial scrutiny.
C is incorrect. There is no indication in the facts that the prosecution was a pretext for the government's disapproval of the speaker's message. The city has a legitimate interest in enforcing the permit requirement because of the risks associated with open fires in public places.
D is incorrect. The ordinance is not overbroad because a permit requirement for open fires in public places does not restrict substantially more speech than the First Amendment allows.