Which standard of review is applied to content-based restrictions on speech?

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

Answer: (D)

When speech is restricted based on its content, the government must meet the highest level of scrutiny to justify the restriction. This means showing a compelling government interest and demonstrating that the restriction is narrowly tailored to achieve that interest using the least restrictive means. Because the issue targets the message itself, courts require this strict level of justification to protect free expression.

Rational basis is far too deferential for speech, and intermediate scrutiny applies to other situations (often content-neutral restrictions that regulate when, where, or how speech can occur). The idea that there is no review simply isn’t correct for content-based limiting of speech, since First Amendment protections ensure some form of judicial review.