On April 1, Jeffrey organized a demonstration against same sex marriages. The rally was placed in Main Park, a city park, and attracted over 1000 supporters. During the rally Jeffery delivered a speech, which stated, "I'm sick and tired of the gays promoting and flaunting same sex marriages." The crowd cheered. The crowed started to get rowdy by dumping over trashcans and empting the contents in the park. Jeffrey is arrested and charged with City ordinance violations 123. The ordinance provides It shall be unlawful for any person to litter the park. If such a person does litter, the person shall be punished by a fine of $1000 or 30 days imprisonment. May Jeffrey be prosecuted for violating ordinance 123?

Select one:

a. Yes, because the city ordinance advances an important and legitimate public interest and is not aimed at suppression of speech.

b. Yes, because littering in the park is conduct, not speech.

c. No, because littering the park under this circumstance could be construed as symbolic speech and is protected under the First Amendment.

d. No, because the facts do not support clear and present danger that would incite imminent lawless action.