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testing this note pad

re testing
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Content-based restraint or censorship refers to restrictions based on the subject

matter of the utterance or speech. In contrast, content-neutral regulation inclu
des controls merely on the incidents of the speech such as time, place, or manne
r of the speech.
The Court held that the regulation involved at bar is content-based. The tarpaul
in content is not easily divorced from the size of its medium.
Content-based regulation bears a heavy presumption of invalidity, and this court
has used the clear and present danger rule as measure.
Under this rule, the evil consequences sought to be prevented must be substantive
, extremely serious and the degree of imminence extremely high.
Only when the challe
nged act has overcome the clear and present danger rule will it pass constitutio
nal muster, with the government having the burden of overcoming the presumed unc
onstitutionality.
Even with the clear and present danger test, respondents failed to justify the r
egulation. There is no compelling and substantial state interest endangered by t
he posting of the tarpaulin as to justify curtailment of the right of freedom of
expression. There is no reason for the state to minimize the right of non-candi
date petitioners to post the tarpaulin in their private property. The size of th
e tarpaulin does not affect anyone else s constitutional rights.

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