A newly enacted state criminal statute provides, in its entirety, "No person shall utter to another person in a public place any annoying, disturbing, or unwelcome language." Smith followed an elderly woman for three blocks down a public street, yelling in her ear offensive four-letter words. The woman repeatedly asked Smith to leave her alone, but he refused. In the subsequent prosecution of Smith, the first under this statute, Smith
can be convicted. cannot be convicted, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments.  cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute.  cannot be convicted, because the average user of a public street would think his speech/action here was amusing and ridiculous rather than "annoying," etc