Which level of scrutiny is typically applied to content-based restrictions on speech?

• A. Rational basis
• B. Intermediate scrutiny
• C. Strict scrutiny
• D. No scrutiny

Answer: (C)

Content-based restrictions on speech are evaluated under strict scrutiny because the government is deciding what message can be spoken or heard. Under strict scrutiny, the government must show a compelling interest behind the restriction and that the measure is narrowly tailored to achieve that interest using the least restrictive means. This is a heavy burden, reflecting how tightly the First Amendment protects speech based on its content. In practice, laws that target a particular viewpoint or message almost never survive this standard. By contrast, a rational-basis review would be far too lenient for content-based limits, and intermediate scrutiny typically applies to content-neutral time, place, or manner restrictions rather than to content-based bans.