Content Based Restriction

Question 1

Content-Based Restriction:

Answer 1

A restriction on speech or expression that is based on the substance of the message rather than the method or HOW it is being expressed.

Question 2

What type of scrutiny applies?

Answer 2

Strict Scrutiny Applies
The government has the burden of proof in showing that this law was necessary to serve/ achieve:

1. A Compelling government/ state interest; and
2. With no other less restrictive alternatives.

Question 3

What are the 2 types of content-based restriction?

Answer 3

1. Viewpoint Restriction:
2. Subject Matter Restriction:

Question 4

1. Viewpoint

Answer 4

Presumed to be Unconstitutional
1. Worst Kind! Courts are skeptical about these!

2. The law treats speech differently based on its opinion or ideology
3. The government can selectively fund a program to encourage certain activities it believes to be in the public interest without at the same time funding a different program that seeks to deal with the same problem in a different way.

Question 5

Subject Matter

Answer 5

• Presumed to be unconstitutional*
• The government cannot regulate speech based on a subject/ topic.