John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ddamned milk packaging law is stupid," and that "I will strangle every one of those g ddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. 8:15 a.m., 11:45 a.m. 12:15 p.m., 12:45 p.m. 1:15 p.m., and 4:45 p.m. 5:15 p.m. on Capitol working days.""If Doe is prosecuted under the "Capitol steps" statute and defends on constitutional grounds, which of the following best describes the proper burden of proof?
Doe would have to prove that the state did not have a rational basis for enacting this statute. Doe would have to prove that the state did not have a compelling need for this statute or that it had less restrictive means by which it could satisfy that need. The state would have to prove that it had a rational basis for enacting this statute. The state would have to prove that it had a compelling need for this statute and that there were no less restrictive means by which it could satisfy that need