Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. In this scenario, the court will uphold the governmental restrictions on his speech only:
A) under the Fifth Amendment.
B) if the regulation is the least intrusive means to promote a compelling governmental interest.
C) if it is commercial speech, which will then receive protection under the Fifth Amendment.
D) under the Fourteenth Amendment.

Question

Quizplus · Accepted Answer

In the given scenario, the court will uphold the governmental restrictions on Gregg's speech only if the regulation is the least intrusive means to promote a compelling governmental interest. Governmental restrictions on noncommercial speech must undergo strict scrutiny analysis. As such, they will be upheld only if the government can show that (1) the regulation is furthering a compelling governmental interest and (2) the regulation is no broader than absolutely necessary (least intrusive means) to promote that governmental interest.

Mr Gregg Has Made an Inflammatory Speech Denouncing the Action