Under the Free Speech Clause, which standard applies to content-based restrictions on speech?

Under the Free Speech Clause, which standard applies to content-based restrictions on speech?

• A. Content-based restrictions are subject to rational basis.
• B. Content-based restrictions are evaluated using the same standard as content-neutral restrictions.
• C. Content-based restrictions are automatically valid.
• D. Content-based restrictions are subject to strict scrutiny.

Answer: (D)

Content-based restrictions on speech are evaluated under strict scrutiny. When a law or rule targets speech because of its content, the government must show a compelling state interest and that the restriction is narrowly tailored to achieve that interest using the least restrictive means. This is the toughest level of review because the First Amendment protects expression based on its message. To provide context, content-neutral restrictions—those that regulate speech without regard to message (like time, place, or manner limits)—are subjected to a different, usually less demanding standard. But once the restriction turns on what is being said, the high bar of strict scrutiny applies. There are exceptions for unprotected speech (such as obscenity or true threats), where different analyses can apply, but for protected speech, strict scrutiny is the rule.

Content-based restrictions on speech are evaluated under strict scrutiny. When a law or rule targets speech because of its content, the government must show a compelling state interest and that the restriction is narrowly tailored to achieve that interest using the least restrictive means. This is the toughest level of review because the First Amendment protects expression based on its message.

To provide context, content-neutral restrictions—those that regulate speech without regard to message (like time, place, or manner limits)—are subjected to a different, usually less demanding standard. But once the restriction turns on what is being said, the high bar of strict scrutiny applies. There are exceptions for unprotected speech (such as obscenity or true threats), where different analyses can apply, but for protected speech, strict scrutiny is the rule.