Parties: Simon & Schuster, Inc. v. Members of the N.Y. State Crime Victims Bd.
Date: 1991-12-10
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Paragraph: 28 - N140* A statute is presumptively inconsistent with the First Amendment if it imposes a financial burden on speakers because of the content of their speech. Leathers v. Medlock, 499 U.S. ----, ---- - ----, 111 S.Ct. 1438, 1443-1444, 113 L.Ed.2d 494 (1991). As we emphasized in invalidating a content-based magazine tax, "official scrutiny of the content of publications as the basis for imposing a tax is entirely incompatible with the First Amendment's guarantee of freedom of the press."
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Phrase match: of freedom of the press
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Paragraph: 29 - In the context of financial regulation, it bears repeating, as we did in Leathers, that the Government's ability to impose content-based burdens on speech raises the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace. 499 U.S., at ----, 111 S.Ct., at 1444. The First Amendment presumptively places this sort of discrimination beyond the power of the Government. As we reiterated in Leathers, " 'The constitutional right of free expression is . . . intended to remove governmental restraints from the arena of public discussion, putting the decision as to what views shall be voiced largely into the hands of each of us . . . in the belief that no other approach would comport with the premise of individual dignity and choice upon which our political system rests.' "
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Paragraph: 56 - Although the notion that protected speech may be restricted on the basis of content if the restriction survives what has sometimes been termed N196* N197* " 'the most exacting scrutiny,' " Texas v. Johnson, 491 U.S. 397, 412, 109 S.Ct. 2533, 2543, 105 L.Ed.2d 342 (1989), may seem familiar, the Court appears to have adopted this formulation in First Amendment cases by accident rather than as the result of a considered judgment. In Johnson, for example, we cited Boos v. Barry, 485 U.S. 312, 320, 108 S.Ct. 1157, 1163, 99 L.Ed.2d 333 (1988), as support for the approach. Boos v. Barry in turn cited Perry Education Assn v. Perry Local Educators' Assn., 460 U.S. 37, 45, 103 S.Ct. 948, 955, 74 L.Ed.2d 794 (1983), for the proposition that to justify a content-based restriction on political speech in a public forum, the State must show that the N198* 'regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end.' " Boos v. Barry, supra, 485 U.S., at 320, 108 S.Ct., at 1163. Turning to the appropriate page in Perry, we discover that the statement was supported with a citation of Carey v. Brown, 447 U.S. 455, 461, 100 S.Ct. 2286, 2290-2291, 65 L.Ed.2d 263 (1980). Looking at last to Carey, it turns out the Court was making a statement about equal protection: N199* "When government regulation discriminates among speech-related activities in a public forum, the Equal Protection Clause mandates that the legislation be finely tailored to serve substantial state interests, and the justifications offered for any distinctions it draws must be carefully scrutinized." Id., at 461-462, 100 S.Ct., at 2290-2291. Thus was a principle of equal protection transformed into one about the government's power to regulate the content of speech in a public forum, and from this to a more general First Amendment statement about the government's power to regulate the content of speech.
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