A protester entered an IRS office during business hours. He denounced the income tax and set fire to pages from his copy of the Internal Revenue Code. The fire was extinguished before it caused any other damage. The protester was arrested and charged with violating a state law that prohibited igniting a fire in a public building. He claimed that his prosecution was unconstitutional under the First Amendment.
May the protester constitutionally be convicted?
Hello I was practicing and wanted to ask something about this question. Isn't this similar to bong Jesus case I mean IRS office should be evaluated as non public forum that's why we need to consider if act is viewpoint neutral and reasonably related to legitimate government interest. However, in the answer it is evaluated as mixed conduct situation and burden of act is expected not to be substantially more than necessary amount. How are we going to differentiate these because it is really also mixed conduct as well.