Legal Definitions - content-based restriction

A content-based restriction is a type of restraint on speech that targets the substance or message of the speech itself. This type of restriction is generally considered unconstitutional, but it may be allowed if it serves a compelling state interest and is narrowly tailored to achieve that interest.

For example, a law that prohibits all speech critical of the government would be a content-based restriction and would likely be unconstitutional. However, a law that prohibits speech that incites violence or poses a clear and present danger to public safety may be allowed as it serves a compelling state interest.

Another example of a content-based restriction is a law that prohibits certain types of speech based on their subject matter, such as a law that prohibits all speech related to a particular religion. This type of restriction would also be considered unconstitutional unless it serves a compelling state interest and is narrowly tailored to achieve that interest.