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A] Justice Thomas explained that "innocent motives" do not eliminate the danger of censorship, because governments may one day use content-based laws to regulate "disfavored speech". [36] Additionally, Justice Thomas rejected the town's assertion that a law is only content-based if it "censor[s] or favor[s]" specific viewpoints or ideas. [41]
The Court held that the law violated the First Amendment and affirmed the judgment of the Court of Appeals. The first finding of the Court was that the law placed content and speaker based restrictions on speech. [D] Citing Cincinnati v. Discovery Network, Inc., the Court noted that these restrictions warranted heightened judicial scrutiny. [E]
Content-based restrictions can either discriminate based on viewpoint or subject matter. An example of a law regulating the subject matter of speech would be a city ordinance that forbids all picketing in front of a school except for labor picketing.
The bill was signed into law last month. That same day, content creator Christopher Kohls filed a lawsuit arguing the law was overbroad, violating his First Amendment rights to make parody content ...
Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication. [19] [20] Content-neutral laws are evaluated by the nature and scope of the speech regarding the time, place and manner of communication. Content-neutral speech is reviewed under intermediate ...
Among other provisions, the law forbade platforms from "censoring" (defined as essentially any mechanism by which content is removed or hidden) user-submitted content based on its viewpoint, barred email providers from impeding the transmission of emails under most circumstances (except where the content is obscene, illegal, or contains ...
The use of public forums generally cannot be restricted based on the content of the speech expressed by the user. Use can be restricted based on content, however, if the restriction passes a strict scrutiny test for a traditional and designated forum or the reasonableness test for a limited forum.
R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), is a case of the United States Supreme Court that unanimously struck down St. Paul's Bias-Motivated Crime Ordinance and reversed the conviction of a teenager, referred to in court documents only as R.A.V., for burning a cross on the lawn of an African-American family since the ordinance was held to violate the First Amendment's protection of ...