Supreme
Court
has
identified
statutes
as
content-based
restrictions "if [the] law applies to particular speech because of
the topic discussed or the idea or message expressed."
Id.
(quoting Reed v. Town of Gilbert, 135 S. Ct. 2218, 2227 (2015)).
The district court reasoned that "the law [under review] is plainly
a
content-based
restriction
on
speech
because
it
requires
regulators to examine the content of the speech to determine
whether it includes impermissible subject matter."
The
district
court
applied
strict
Id.
scrutiny,
"which
requires the Government to prove that the restriction furthers a
compelling interest and is narrowly tailored to achieve that
interest."
Id. at 228 (quoting Reed, 135 S. Ct. at 2231).
Secretary Gardner, the named defendant, asserted the prevention of
vote buying and voter coercion as the State's compelling interests
justifying the restriction.
Id. at 231.
that
asserted
although
those
two
The district court found
interests
were
"plainly
compelling in the abstract," id., "neither the legislative history
nor the evidentiary record compiled by the Secretary in defense of
this action provide any support for the view that the state has an
actual or imminent problem with images of completed ballots being
used to facilitate either vote buying or voter coercion," id. at
232.
And the court found that the statute was not narrowly
tailored because it was "vastly overinclusive" and would, "for the
most
part,
punish
only
the
innocent
- 10 -
while
leaving
actual
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières