1/4/2021
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In Newsounds Broadcasting Network, Inc. v. Dy:[84]
The immediate implication of the application of the "strict scrutiny" test is
that the burden falls upon respondents as agents of to prove that their
actions do not infringe upon petitioners' constitutional rights. As content
regulation cannot be done in the absence of any compelling reason, the
burden lies with the to establish such compelling reason to infringe the right
to free expression.[85]
While content-based regulations are "treated as more suspect than content-neutral"[86]
regulations due to discrimination in regulating the expression, content-neutral
regulations are subject to "lesser but still heightened scrutiny."[87]
In content-neutral regulations, the intermediate approach is applied where only a
substantial al interest is required to be established.[88] This is lower than the stringent
standard of compelling State interest required in content-based regulations, since
content-neutral regulations are not designed to suppress free speech but only its
incidents.[89]
Through the intermediate approach, the validity of a content-neutral regulation is
analyzed along the following parameters: (1) whether it is within the government's
constitutional power; (2) whether it furthers an important or substantial governmental
interest; (3) whether the governmental interest is unrelated to the suppression of free
expression; and (4) whether the incidental restriction on freedoms of speech,
expression, and the press is no greater than is essential to the furtherance of that
interest.[90]
Nevertheless, content-neutral regulations may still be invalidated if the incidental.
restriction on expressive freedom is greater than is essential to achieve the
governmental interest.[91] The regulation must be "reasonable and narrowly drawn to
fit the regulatory purpose, with the least restrictive means undertaken";[92] otherwise,
it must be struck down.
This Court has recognized that the right of suffrage necessarily includes the right to
express one's chosen candidate to the public.[93] Especially during the election period,
the right to free speech and expression is fundamental and consequential:
"[S]peech serves one of its greatest public purposes in the context of
elections when the free exercise thereof informs the people what the issues
are, and who are supporting what issues." At the heart of democracy is
every advocate's right to make known what the people need to know, while
the meaningful exercise of one's right of suffrage includes the right of every
voter to know what they need to know in order to make their choice.[94]
(Citations omitted)
During the election period, citizens seek information on candidates and campaigns and,
upon reaching a choice, campaign and persuade other people to likewise vote for their
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