" Which of the following statements is correct concerning the possible punishment of Doe under the second statute?
The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech. 
Doe could constitutionally be punished under the statute for his speech.
Doe could constitutionally be punished under the statute for his speech, but only if one or more legislators were actually present when he delivered it
The statute is unconstitutional on its face.