Constitutional Law (Free Speech): "Content Rich" & "Content Neutral" Speech

Question

07-06-2020

What is the difference between "content rich" and "content neutral" speech and which of the three balancing tests (strict scrutiny, intermediate scrutiny, and rational basis scrutiny) applies to each? Thank you.

Answer 1

7-6-2021

TIP OF THE DAY:

Constitutional Law

First Amendment

Freedom of Speech

>Laws that restrict the CONTENT of Free Speech are highly suspect (the strict scrutiny balancing test will be employed in assessing the constitutionality of the restriction). This type of speech is called "Content Rich" speech, as it expresses "ideas".

>Other laws may determine the location, timing, and manner of speech. These components apply both to "Content Rich" speech and "Content Neutral" speech and governmental restrictions as to time, place, and manner- but which do not restrict content- will be reviewed under the Intermediate Scrutiny Test.

Example: At a protest on the Washington Mall, laws may govern the decibel level of a bullhorn (within reason).

TAKE AWAY: Restrictions on content-rich speech may target the the "WHY" while restrictions on content-neutral speech may target the "HOW".