Wright on A Variable Number of Cheers For Viewpoint-Based Regulations of Speech @IUMcKinney

R. George Wright, Indiana University, McKinney School of Law, has published A Variable Number of Cheers For Viewpoint-Based Regulations of Speech. Here is the abstract.

It is widely taken for granted that viewpoint-based restrictions of speech are, as a class, especially disfavored, meriting either absolute prohibition or strict scrutiny. As it turns out, however, this common assumption is both descriptively incorrect and normatively unjustifiable. A typology of the various basic forms of viewpoint-based restriction of speech supports this initially surprising claim. This typology can be constructed out of the obvious uncertainties, ambiguities, equivocations, disparities, and gaps found in the viewpoint-restriction cases. Ultimately, depending upon type and circumstance, and apart from any weight of any relevant government interest, a viewpoint-based speech restriction of speech may deserve anywhere between zero and three cheers.

Download the article from SSRN at the link.