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First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian
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First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian
Free speech doctrine thrives on categories and tests. Content-based regulations target speech based on their communicative content;1 1. Reed v. Town of Gilbert, 576 U.S. 155, 163 (2015). a court analyzing a content-based regulation will apply strict scrutiny, which the government can rarely satisfy.2 2. See Free Speech Coalition v. Paxton, 606 U.S. 461, 484 (2025) (“In the First Amendment context, we have held only once that a law triggered but s
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