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content-based restriction
content-based restriction definition - legal
n
In constitutional law, a restriction on the exercise of free speech based upon
the subject matter or type of speech. Such a restraint is permissible only if
it is based on a compelling state interest and is so narrowly worded that it
achieves only that purpose. For example, a statute cannot ban all public
demonstrations, peaceful or otherwise, on the subject of gun control while
allowing demonstrations concerning other topics of controversy. However, a
statute can ban all inflammatory speeches, regardless of the topic, that might
incite imminent violence. Also called content discrimination. See also discrimination.
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.
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