You live in a city by the name of Superior. Superior adopted Ordinance 56 stating the following: "Speech in any form, which arouses anger in another, that infers racist thoughts, is prohibited."

Mr. and Mrs. Frank own a restaurant and bar called "Ceg-Greg Forever" in Superior. The restaurant is known for its "White Menu" where all the food items are white in color such as mashed potatoes, white corn and grits, 5 different varieties of white fish, baked onions, white beans and chicken, egg white omelets, coconut cream pudding and grilled cauliflower. Food critics love Ceg-Greg and gave it their highest rating of all the restaurants and bars in Superior. For bar items, they serve 25 kinds of white wine, gin, tequila or vodka cocktails. To advertise and market their restaurant, the Franks had a local artist paint the emblem on a sign next to the door a size that no one could miss.

Complaints started to come into the Mayor's office. Soon after, the Franks were charged for displaying an emblem on the sign in violation of Ordinance 56. The City alleges that the emblem on the sign is racially derisive and insulting because it depicts White Supremacy and other "known racist ideals."

emblem

1. From the City Attorney's perspective, how has Ordinance 56 been violated?

2. Using the McCullen case, how does Ordinance 56 constitutionally compare with the 2007 Amendment to the Reproductive Health Care Facilities Act?

3. From the Frank's perspective, what are their constitutional defenses to the enforcement of Ordinance 56 against them?