The city of Newtown adopted an ordinance providing that street demonstrations involving more than 15 persons may not be held in commercial areas during "rush" hours. "Exceptions" may be made to the prohibition "upon 24-hour advance application to an approval by the police department." The ordinance also imposes sanctions on any person "who shall, without provocation, use to or of another, and in his presence, opprobrious words or abusive language tending to cause a breach of the peace." The ordinance has not yet had either judicial or administrative interpretation. Which of the following is the strongest argument for the unconstitutionality of both parts of the ordinance on their face?
No type of prior restraint may be imposed on speech in public places. Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague.  The determination as to whether public gatherings may be lawfully held cannot be vested in the police. The right of association in public places without interference is assured by the First and Fourteenth Amendments
Question: The city of Newtown adopted an ordinance providing that street demonstrations involving more than 15 persons may not be held in commercial areas during "rush" hours. "Exceptions" may be made to the prohibition "upon 24-hour advance application to an approval by the police department." The ordinance also imposes sanctions on any person "who shall, without provocation, use to or of another, and in his presence, opprobrious words or abusive language tending to cause a breach of the peace." The ordinance has not yet had either judicial or administrative interpretation. Which of the following is the strongest argument for the unconstitutionality of both parts of the ordinance on their face?
A. No type of prior restraint may be imposed on speech in public places.
B. Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague. 
C. The determination as to whether public gatherings may be lawfully held cannot be vested in the police.
D. The right of association in public places without interference is assured by the First and Fourteenth Amendments
Answer: