Content Neutrality
The requirement that government regulations of speech must apply to all speech regardless of topic or viewpoint, rather than targeting specific subjects or perspectives.
Content neutrality is a fundamental principle of First Amendment law. A content-neutral regulation restricts speech without regard to its message, subject matter, or viewpoint. A content-based regulation restricts speech because of its communicative content — what it says.
Content-based regulations receive strict scrutiny — the government must demonstrate they serve a compelling interest and are narrowly tailored. Content-neutral regulations receive intermediate scrutiny, requiring that they serve a significant government interest, are narrowly tailored, and leave open alternative channels of communication.
A regulation is content-based either on its face (it explicitly targets particular content) or if it was adopted because of disagreement with the message. A law banning all noise above a certain decibel level at night is content-neutral. A law banning all speech about abortion is content-based.
Within content-based regulations, viewpoint discrimination is an especially serious problem — restricting speech because of the specific position expressed, not just the subject matter.