Four R.A.V. Exceptions (to
prohibition on regulations of a content-based subcategory of a
proscribable class of speech)
1) "[T]he basis for the content discrimination consists entirely of the
very reason the entire class of speech at issue is proscribable."
2) ["T]he subclass happens to be associated with particular 'secondary
effects' of the speech so that the regulation is 'justified without
reference to the content of the . . . speech.'"
3) "[A] particular content-based subcategory of a proscribable class of
speech can be swept up incidentally within the reach of a statute
directed at conduct rather than speech." This is because "[w]here the
government does not target conduct on the basis of its expressive
content,
acts are not shielded from regulation merely because they express a
discriminatory idea or philosophy." (Example: Title VII’s general
prohibition against sexual discrimination in employment
practices).
4) "[S]o long as the nature of the content discrimination is such that
there is no realistic possibility that official suppression of ideas
is afoot."