Legal Definitions - content-based discrimination

Definition:Discriminationbased on the content of speech, especially when the speech is of little social value and is outweighed by the public interest in morality and order.

Examples:

• Restrictions on obscenity, fighting words, and defamation are examples of content-based discrimination.
• A law that prohibits certain political views from being expressed in public is also an example of content-based discrimination.

These examples illustrate how content-based discrimination involves the government targeting certain types of speech based on their content. The government may restrict speech that is considered harmful or offensive, but it must do so in a way that does not violate the First Amendment's protection of free speech.