California's Newest First Amendment Problem

What do you think of this?

California law already bans threatening displays of swastikas and burning crosses. Now add nooses to the list.

On Thursday, Gov. Arnold Schwarzenegger signed legislation making such displays punishable by up to a year in jail and a fine of up to $5,000.

The bill by Democratic Assemblywoman Wilma Carter of Rialto would make it a misdemeanor to hang a noose on someone else's property or at a school or workplace.

She introduced the bill after noose hangings were displayed in several Halloween decorations last year. Two such displays were effigies of then-Democratic presidential candidate Barack Obama and GOP vice presidential candidate Sarah Palin.

The law, which takes effect Jan. 1, will not ban displays by a homeowner, which are considered constitutionally protected speech.

I don't think noose displays are particularly attractive or effective, but if the person portrayed in the noose is supposed to represent a politician, I think it's likely protected political speech under the First Amendment.

I doubt this law will survive a Federal court challenge.