State v. Butler

CONCURRING OPINION OP

LEVINSON, J.

I concur in the result reached by the majority. I believe, however, that the issues raised in this case are of *187sufficient importance to merit further discussion.

Before proceeding, in fairness to the prosecution, I am compelled to fill in an egregious omission from the majority’s statement of the facts. The effigy apparatus did not consist simply of two undifferentiated man-size figures hanging from a crossbar as the court’s opinion implies. On the contrary, the effigies were very provocative in nature. One effigy, dressed in a cowboy hat and boots and labeled…