How have courts reviewed constitutional questions such as whether certain restrictions create a severe burden on an individual's First Amendment rights?

MultiRegion, United States of America

The following excerpt is from Nat'l Sec. Letter v. Sessions, No. 16-16067, No. 16-16081, No. 16-16082 (9th Cir. 2017):

"[C]onstitutional questions of fact (such as whether certain restrictions create a 'severe burden' on an individual's First Amendment rights) are reviewed de novo." Prete v. Bradbury, 438 F.3d 949, 960 (9th Cir. 2006) (emphasis omitted). We also review legal conclusions de novo. Id.

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