Content-based restrictions on protected speech are reviewed under which level of scrutiny?

• A. Rational basis
• B. Intermediate scrutiny
• C. Strict scrutiny
• D. Any restriction on protected speech is unconstitutional.

Answer: (C)

Content-based restrictions on protected speech are reviewed under strict scrutiny. When a law targets the content of what is spoken, the government must show a compelling interest behind the restriction and demonstrate that the measure is narrowly tailored to achieve that interest using the least restrictive means available. This is a heavy burden because restricting speech based on its message risks suppressing viewpoints and important ideas.

Rational basis is far too lenient for content-based limits on protected speech, and intermediate scrutiny applies to content-neutral restrictions that regulate when, where, or how speech occurs, not what is said. The statement that any restriction on protected speech is unconstitutional is incorrect because a content-based restriction can sometimes be upheld if it satisfies strict scrutiny.