- There are still restrictions on pure speech
- Not allowed to politically advocate in near of polling booth.
- Similar to protesting abortion in front of abortion clinic.
- Facially content based restriction on speech in a public forum, and therefore needs to be subject to exacting scrutiny
- Exacting scrutiny is the same as strict scrutiny, must be narrowly tailored to serve a compelling government interest
- Limiting speech near a polling area doesn’t necessarily interfere with the right to vote.
- Restrictions near polling stations advance interest in preventing voter intimidation and election fraud.
Main Ideas
Restrictions on Pure Speech
Content-Based Restriction on Political Speech in a Public Forum
Definitions
Exacting Scrutiny
Content-Based Restriction
Narrowly Tailored
Environs
Strict Scrutiny
Intermediate Scrutiny
Public Forum
Facts
Statute forbids campaigning within 100 feet of a polling facility entrances.