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Simple English definitions for legal terms
content-based restriction
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A quick definition of content-based restriction:
A content-based restriction is a rule that limits what someone can say or write based on the specific words or ideas they use. This type of restriction is usually not allowed under the law, but it may be allowed if the government has a very good reason for it and the rule is very specific and narrow. For example, the government might be allowed to restrict speech that is likely to cause violence or harm to others.
A more thorough explanation:
A content-based restriction is a type of restraint on speech that targets the substance or message of the speech itself. This type of restriction is generally considered unconstitutional, but it may be allowed if it serves a compelling state interest and is narrowly tailored to achieve that interest.
For example, a law that prohibits all speech critical of the government would be a content-based restriction and would likely be unconstitutional. However, a law that prohibits speech that incites violence or poses a clear and present danger to public safety may be allowed as it serves a compelling state interest.
Another example of a content-based restriction is a law that prohibits certain types of speech based on their subject matter, such as a law that prohibits all speech related to a particular religion. This type of restriction would also be considered unconstitutional unless it serves a compelling state interest and is narrowly tailored to achieve that interest.