What is content-based free speech?

What is content-based free speech?

A content-based regulation is a restriction on speech or expression that is based on the substance of the message being communicated, rather than the method or manner in which the message is being expressed.

What are three content-based types of speech that are regulated?

The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography.

What are some content restrictions on free speech?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …

What is a content-based speech restriction?

Definition. Content-based restrictions regulate speech based on its subject matter or viewpoint. A content-based speech restriction is one that regulates ‘speech when the specific motivating ideology or the opinion or perspective of the speaker is the rationale for the restriction. ‘”

What is the idea of content neutrality?

Content neutral refers to laws that apply to all expression without regard to the substance or message of the expression. Such laws generally regulate only the time, place, and manner of speech in contrast to content-based laws, which regulate speech based on content.

What is an example of a content neutral restriction?

Examples of content-neutral restrictions that have been held to be constitutional include laws that restrict the distribution of printed materials to prevent litter in a public space or laws that prohibit the use of loudspeakers in order to reduce noise.

What does the right of association?

The right to intimate association refers to the right of individuals to maintain close familial or other private associations free from state interference. Such rights include the right to marriage, the rearing of children, and the right to habitate with relatives.

What is a content-based restriction?

A content-based law or regulation discriminates against speech based on the substance of what it communicates. The Supreme Court is likely to strike down regulations that discriminate on the basis of what is said or expressed.

Is the Constitution against content-based regulation of speech?

One of the paradoxes in First Amendment jurisprudence is that despite both the obvious importance of the content distinction and the Court’s absolutistsounding rhetoric in cases such as Mosely, the Constitution does not always prohibit content-based regulations of speech.

What is the difference between content based and content neutral speech?

The outcome of a First Amendment case may very well hinge on whether the restriction of speech is based on the content of the speech. If the restriction is content-based, courts scrutinize the restriction under a heightened standard compared with restrictions that are content-neutral.

How is freedom of speech protected in the United States?

Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws.

Can a content-based speech regulation be overbroad?

Even where a compelling justification exists, a content- based speech regulation will not meet the requirements of strict scrutiny if it is overbroad and limits too much speech. In Simon & Schuster v.