Question

The State of Illinois, in order to protect impressionable children, passes a law that there may be no advertising of alcoholic beverages within 1000 feet of any K-12 School. In terms of the First Amendment, is this a time, place, and manner restriction, or is this a content bases restriction? What level of scrutiny would the U.S. Supreme Court apply? What is the standard to the level of scrutiny you selected?

Answer 1

The content-based restriction is seen as the restriction imposed on the basis of the content of what is being communicated. As in the case of advertising pertaining to alcoholic beverages,l the main issue is the content of the advertisements that are alcoholic beverages so this type of restriction which is imposed on the advertisement of alcoholic beverages will be termed as a content-based restriction.

The content-based restriction is considered to be unconstitutional in nature, so the Supreme Court of the country will impose the strict scrutiny involving the highest degree of judicial review.

The standard level of scrutiny will be the strict scrutiny in which it is the responsibility of the government to exhibit in the court that it is implementing the most narrowly used or least restrictive form of restriction in the interests of the common goods.