First Ammendment caselaw is a little muddled, however, content regulation falls between strict scrutiny and per se invalid depending on which way the wind is blowing. See eg. Simon & Shuster v. NY (invalidating Son of Sam law). See also, RAV (invalidating hate speech law).
First Ammendment caselaw is a little muddled, however, content regulation falls between strict scrutiny and per se invalid depending on which way the wind is blowing. See eg. Simon & Shuster v. NY (invalidating Son of Sam law). See also, RAV (invalidating hate speech law).