A city passes an ordinance that prohibits all signs containing political messages in public parks, while allowing non-political signage such as advertising for businesses. A local community group challenges the ordinance, claiming it infringes upon their First Amendment rights. How is the ordinance most likely to be evaluated under the First Amendment?
The ordinance is valid because it differentiates signs based on the type of message they carry.
The ordinance is permissible as it applies uniformly to all sign types based on their message.
The ordinance stands if it promotes public park aesthetics without considering the message content.
The ordinance violates the First Amendment because it treats political speech differently based on its content.
The ordinance violates the First Amendment because it treats political speech differently based on its content. Content-based regulations that target specific types of speech are generally subject to strict scrutiny and are disfavored unless they serve a compelling government interest and are narrowly tailored to achieve that interest. In this case, the ordinance does not sufficiently justify the differential treatment of political messages.
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Multistate Bar Examination
Constitutional Law
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