What is the test for a preliminary injunction that seeks to bar a plaintiff from using the words "hate speech" and "anti-racism" in their application?

MultiRegion, United States of America

The following excerpt is from Pro-Choice Network v. Schenck, 67 F.3d 359 (2nd Cir. 1994):

Crucial to our review of the constitutionality of the preliminary injunction is the determination whether it is content based or content neutral, that is, whether it is justified with or without reference to the content of the regulated expression. R.A.V. v. City of St. Paul, 505 U.S. 377, 381-82, 384-86, 112 S.Ct. 2538, 2542, 2544, 120 L.Ed.2d 305 (1992); Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 2753-54, 105 L.Ed.2d 661 (1989). In making this determination, "we ... look to the government's purpose as the threshold consideration." Madsen, --- U.S. at ----, 114 S.Ct. at 2523.

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