Content Neutral Restriction Flashcards
1
Q
Content Neutral Restriction
A
Time, Place, and Manner Restrictions which prohibit or limit delivery of messages without regard to the subject or content of it.
2
Q
What kind of Scrutiny applies?
A
Intermediate Scrutiny
- Government bears the burden of proof in showing that the law is substantially related to a
- A legitimate or significant federal or state
government interest and - The restriction leaves some other alternative channels of communications
3
Q
Secondary Effects
A
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.
- Can be used only if the focus of the law is on the secondary effect and NOT on the primary impact of the message.
- Has only worked on zoning laws regulating the location of adult entertainment establishments
Renton case