Based on court rulings, whenever there is doubt as to whether or not an individual or group's speech should be limited or prohibited, the burden of proof falls on the government agency or official wanting to limit the speech, as opposed to the individual or group whose speech rights are at risk. The legal term for this concept is
A) totalitarianism
B) utilitarianism
C) absolutism
D) stare decisis
E) strict scrutiny

Question

Quizplus · Accepted Answer

The legal term for the concept described is strict scrutiny, which is a standard used by courts to determine if a government restriction on speech is constitutional or not. The burden of proof falls on the government to show that the restriction serves a compelling state interest and is narrowly tailored to achieve that interest, while also leaving open alternative channels for communication. This high standard reflects the importance of protecting free speech under the First Amendment.

Based on Court Rulings, Whenever There Is Doubt as to Whether