Content Neutral Restriction

Question 1

Content Neutral Restriction

Answer 1

Time, Place, and Manner Restrictions which prohibit or limit delivery of messages without regard to the subject or content of it.

Question 2

What kind of Scrutiny applies?

Answer 2

Intermediate Scrutiny

• Government bears the burden of proof in showing that the law is substantially related to a

1. A legitimate or significant federal or state
   government interest and
2. The restriction leaves some other alternative channels of communications

Question 3

Secondary Effects

Answer 3

Rarely Successful
1. A law is facially Content-Based, but treated as Content-Neutral because of secondary effects on the community (Crime and property value decreased).

“It looks like content-based” but it is actually “content neutral” because there is some other outlining government/state interest.

3. Can be used only if the focus of the law is on the secondary effect and NOT on the primary impact of the message.
4. Has only worked on zoning laws regulating the location of adult entertainment establishments

Renton case