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?

Answer 1

Answer:

The law is not the least drastic means available.

Explanation:

From the guarantees of the First Amendment, it is clear that people are allowed freedom of speech, freedom of assembly, freedom of the press, freedom of religion, and the right to petition. People building crosses signifies a religious belief and this amendment promises the right to free practice of religion. Hence a ban on the sale of wooden poles and nails is a harsh means which could affect both the sellers and the buyers also, and hence is not the least drastic means that could be used in such case.