What is the burden of justifying a restriction on speech by the government?
California, United States of America
The following excerpt is from Prigmore v. City of Redding, 150 Cal.Rptr.3d 647, 211 Cal.App.4th 1322 (Cal. App. 2012):
The government has the burden of justifying its restriction on speech. (Thalheimer v. City of San Diego (9th Cir.2011) 645 F.3d 1109, 1116.) Even in the context of less protected commercial speech, mere speculation and conjecture will not satisfy this burden; the government must show that the harms it recites are real. (Edenfield v. Fane (1993) 507 U.S. 761, 770771, 113 S.Ct. 1792, 1800, 123 L.Ed.2d 543, 555.)
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