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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ VI. BILL OF RIGHTS (1987 Constitution, Art. III) ▸ 2. Content-Based and Content-Neutral Regulations

Question

BILL OF RIGHTS (1987 Constitution, Art. III): Content-Based and Content-Neutral Regulations

A city ordinance prohibits the display of "obscene materials" in public places. The ordinance defines obscene materials as any content that is sexually explicit or offensive in nature. The ordinance further states that anyone found in violation shall be subject to a fine and imprisonment.

  1. Is the city ordinance a content-based or content-neutral regulation? Explain your answer.
  2. What standard of review should be applied by the courts in evaluating the constitutionality of the ordinance? Justify your response.
  3. A group of artists file a lawsuit challenging the constitutionality of the ordinance, claiming that it violates their freedom of expression. How would you argue on behalf of the artists, taking into account the relevant provisions of the Bill of Rights?
  4. The city argues that the ordinance is a reasonable restriction on speech to maintain public order and decency. How would you counter this argument on behalf of the artists?


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Bar Review Question: BILL OF RIGHTS (1987 Constitution, Art. III): Content-Based and Content-Neutral Regulations A city