Content-Neutral Speech Regulation
Constitutionality of Time, Place, and Manner Restrictions
If the government limits speech, but its purpose in doing so is not based on the content of the speech, then the limitation on speech may still violate the First Amendment, but it is less likely than a content-based restriction to do so. This is because the Supreme Court applies less than “strict scrutiny” to non-content-based restrictions. With respect to non-content-based restrictions, the Court requires that the governmental interest be “significant” or “substantial” or “important,” but not necessarily, as with content-based restrictions, “compelling.” And, in the case of non-content-based restrictions, the Court requires that the restriction be narrowly tailored, but…
