focuses on content, that is, if it applies to "particular speech
because of the topic discussed or the idea or message expressed."
Reed, 135 S. Ct. at 2227.
"This commonsense meaning of the phrase
'content based' requires a court to consider whether a regulation
of speech 'on its face' draws distinctions based on the message a
speaker conveys."
Id.
Content-based regulations are subject to
strict scrutiny, which requires the government to demonstrate "a
compelling interest and . . . narrow[] tailor[ing] to achieve that
interest."
Id. at 2231 (quoting Ariz. Free Enter. Club's Freedom
Club PAC v. Bennett, 564 U.S. 721, 734 (2011)).
Narrow tailoring
in the strict scrutiny context requires the statute to be "the
least restrictive means among available, effective alternatives."
Ashcroft v. Am. Civil Liberties Union, 542 U.S. 656, 666 (2004).
In
contrast,
content-neutral
lesser level of justification.
regulations
require
a
These laws do not apply to speech
based on or because of the content of what has been said, but
instead "serve[] purposes unrelated to the content of expression."
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989).
principal
inquiry
in
determining
content
"The
neutrality . . . is
whether the government has adopted a regulation of speech because
of disagreement with the message it conveys.
purpose is the controlling consideration.
The government's
A regulation that
serves purposes unrelated to the context of expression is deemed
neutral
.
.
.
."
Id.
(citation
- 12 -
omitted).
Content-neutral
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