Forsyth v. Nationalist County

[Volokh, Eugene]

        Forsyth v. Nationalist County, 505 U.S. 123, 134 (1992), held that a
permit fee cannot be calibrated to the likely police protection that would
be required.  "Speech cannot be financially burdened, any more than it can
be punished or banned, simply because it might offend a hostile mob."  Id.
at 135.

        Is that really consistent with the notion that the government has
unlimited discretion to burden the speech *by arresting the speaker* simply
because the speech might offend (or even has offended) a hostile mob?  Or
would there have to be at least some other showing that less
speech-restrictive means -- such as the police officers trying to protect
the speaker against the mob -- would be futile?

        Eugene
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