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Multiple Choice

In First Amendment law, government restrictions on expressive speech are most likely to be reviewed under which standard when targeting core political speech?

Restricting core political speech triggers the most stringent First Amendment review. Political speech is given the highest level of protection, so courts apply strict scrutiny to government restrictions that target this kind of speech. Under strict scrutiny, the government must show a compelling interest behind the restriction and prove that the measure is narrowly tailored to achieve that interest using the least restrictive means. This is a demanding standard, and laws that target political viewpoints or content are hard to defend under it. Rational basis or intermediate scrutiny would not be enough here, because they allow far more government flexibility with political speech, and no review would ignore the constitutional protection that applies.

Restricting core political speech triggers the most stringent First Amendment review. Political speech is given the highest level of protection, so courts apply strict scrutiny to government restrictions that target this kind of speech. Under strict scrutiny, the government must show a compelling interest behind the restriction and prove that the measure is narrowly tailored to achieve that interest using the least restrictive means. This is a demanding standard, and laws that target political viewpoints or content are hard to defend under it. Rational basis or intermediate scrutiny would not be enough here, because they allow far more government flexibility with political speech, and no review would ignore the constitutional protection that applies.