![]() Such speech, while protected by the First Amendment, is not protected to the same degree as is speech that is intended to convey a political message or to espouse a viewpoint. Speech or communication whose primary purpose is to sell a product or service or is part of the sale of a product or service. (Content-neutral restrictions are also sometimes known as "time, place and manner" restrictions.) These restrictions apply equally to all communications, regardless of the message or view being espoused. Freedom of Speech Exceptions: Categories of Speech NOT ProtectedĪ regulation of speech that is unconstitutional because it regulates substantially more speech than is permissible under the First Amendment.Ī regulation of speech or expression that is based on the substance of the message being communicated, rather than just the manner or method in which the message being expressed.Ī restriction on the manner in which an expression can be communicated or conveyed.Constitutional Law and the First Amendment: Freedom of Speech. ![]() Supreme Court generally evaluates it as a separate prong. Some legal scholars consider this least restrictive means requirement part of being narrowly tailored, though the U.S. More accurately, there cannot be a less restrictive way to effectively achieve the compelling government interest, but the test will not fail just because there is another method that is equally the least restrictive. Finally, the law or policy must be the least restrictive means for achieving that interest.If the government action encompasses too much (over-inclusive) or fails to address essential aspects of the compelling interest (under-inclusive), then the rule is not considered narrowly tailored. Second, the law or policy must be narrowly tailored to achieve that goal or interest.Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections. While the courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. First, it must be justified by a compelling governmental interest.To pass strict scrutiny, the law or policy must satisfy three prongs: ![]() These are the two applications that were anticipated in footnote 4 to United States v. It arises in two basic contexts: when a "fundamental" constitutional right is infringed, particularly those listed in the Bill of Rights and those the court has deemed a fundamental right protected by the liberty provision of the 14th Amendment or when the government action involves the use of a " suspect classification" such as race or national origin that may render it void under the Equal Protection Clause. federal government, a state government, or a local municipality is at issue. Strict scrutiny is applied based on the constitutional conflict at issue, regardless of whether a law or action of the U.S. ![]() Along with the lower standards of rational basis ( reduced scrutiny) review and intermediate scrutiny, strict scrutiny is part of a hierarchy of standards courts employ to weigh an asserted government interest against a constitutional right or policy that conflicts with the manner in which the interest is being pursued. Strict scrutiny is the most stringent standard of judicial review used by U.S. ![]()
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