Strict scrutiny

This is a legal standard that generally applies to laws that restrict speech based on the content of the speech or the viewpoint of the speaker. To be constitutional, these laws must pursue a compelling governmental interest by the least restrictive means possible. It is a difficult standard to survive.

N.D. law banning campaigning on Election Day ruled unconstitutional

Lilly Chapa | Prior Restraints | News | November 1, 2012
News
November 1, 2012

A federal judge Wednesday banned the enforcement of a century-old statute that prevents North Dakota citizens from campaigning on Election Day, calling the law “archaic” and “unconstitutional.”

Judge orders blogger to take down information about woman accused in hit-and-run case

Emily Miller | Prior Restraints | News | July 5, 2012
News
July 5, 2012

A Massachusetts district judge ordered a blogger to remove from his website all references to a woman who faced criminal charges related to a car accident that seriously injured a pedestrian. A hearing Monday will bring into question the constitutionality of the order, which some argue violates the First Amendment.

Supreme Court rules Stolen Valor Act unconstitutional

Emily Miller | Content Regulation | News | June 28, 2012
News
June 28, 2012

The U.S. Supreme Court ruled Thursday that a federal law that criminalizes lying about military medals violates the First Amendment.

In a 6-3 decision, the Court affirmed the ruling of the U.S. Court of Appeals in San Francisco (9th Cir.) in United States v. Alvarez that the federal Stolen Valor Act was unconstitutional because of the severe limitations it placed on the First Amendment.

Prosecution, defense rest in Manning hearing

Chris Healy | Newsgathering | Feature | December 21, 2011
Feature
December 21, 2011

Military prosecutors and the defense have concluded their presentation of evidence in the Article 32 hearing of Army Pfc. Bradley Manning, and closing arguments will begin Thursday, the Washington Post reports.

Judge: First Amendment bars cyber-stalking prosecution

Chris Healy | Content Regulation | Feature | December 19, 2011
Feature
December 19, 2011

A federal judge in Maryland has ruled that the First Amendment protects an online speaker - who made derogatory comments about a religious leader through Twitter - from being prosecuted under the federal anti-stalking law.