R. A. V. v. St. Paul, 505 U.S. 377, 55 (1992)

Page:   Index   Previous  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  Next

Cite as: 505 U. S. 377 (1992)

Stevens, J., concurring in judgment

to give one side of a debatable public question an advantage in expressing its views to the people, the First Amendment is plainly offended." First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 785-786 (1978). Thus, although a regulation that on its face regulates speech by subject matter may in some instances effectively suppress particular viewpoints, see, e. g., Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 546-547 (1980) (Stevens, J., concurring in judgment), in general, viewpoint-based restrictions on expression require greater scrutiny than subject-matter-based restrictions.7

Finally, in considering the validity of content-based regulations we have also looked more broadly at the scope of the restrictions. For example, in Young v. American Mini Theatres, 427 U. S., at 71, we found significant the fact that "what [was] ultimately at stake [was] nothing more than a limitation on the place where adult films may be exhibited." Similarly, in FCC v. Pacifica Foundation, the Court emphasized two dimensions of the limited scope of the FCC ruling. First, the ruling concerned only broadcast material which presents particular problems because it "confronts the citizen . . . in the privacy of the home"; second, the ruling was not a complete ban on the use of selected offensive words, but rather merely a limitation on the times such speech could be broadcast. 438 U. S., at 748-750.

All of these factors play some role in our evaluation of content-based regulations on expression. Such a multi-faceted analysis cannot be conflated into two dimensions. Whatever the allure of absolute doctrines, it is just too simple to declare expression "protected" or "unprotected" or to proclaim a regulation "content based" or "content neutral."

7 Although the Court has sometimes suggested that subject-matter-based and viewpoint-based regulations are equally problematic, see, e. g., Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S., at 537, our decisions belie such claims.

431

Page:   Index   Previous  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  Next

Last modified: October 4, 2007