from Part II - Application
Published online by Cambridge University Press: 06 November 2020
Courts use categories of communication to identify what subjects are protected under the First Amendment.341 The Supreme Court’s modern doctrine, announced in starkly absolute terms in a 2015 decision, reviews content-based restrictions under the rigorous strict scrutiny standard.342 This categorical approach is a formalistic and inadequate substitute for comprehensive assessments into the interests of speakers; public policies; means for achieving legal ends; and available alternatives for expression.
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