What is the test for content-based regulations in the context of the First Amendment?

California, United States of America


The following excerpt is from People ex rel. Gallo v. Acuna, 34 Cal.App.4th 136, 40 Cal.Rptr.2d 589 (Cal. App. 1995):

Hence, "The First Amendment generally prevents government from proscribing speech [citation], or even expressive conduct [citation], because of disapproval of the ideas expressed. Content-based regulations are presumptively invalid." (R.A.V. v. City of St. Paul, Minnesota (1992) 505 U.S. 377, ----, 112 S.Ct. 2538, 2542, 120 L.Ed.2d 305 citations omitted; Texas v. Johnson, supra, 491 U.S. at p. 414, 109 S.Ct. at p. 2545.)

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