Content-based restriction

Definition

A law that regulates speech based on its subject matter, topic, or viewpoint. Content-based restrictions are presumptively unconstitutional and must survive strict scrutiny to be upheld.

Examples

• •Petitioners argued the Act is content-based because it applies only to social media platforms with user-generated content and was motivated by fear that TikTok's content would be too pro-China or anti-American.

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