Forms of Intermediate Scrutiny

A.  Time, Place and Manner Regulations

A reasonable time, place or manner regulation is constitutional if it is:

(1) content neutral;
(2) narrowly tailored to serve a significant government interest (not the least restrictive means); and
(3) leaves open ample alternative means of communication


B.  O’Brien Test

When speech and non-speech elements combine in the same course of conduct, the government can regulate the conduct if the regulation:

(1) furthers an important government interest;
(2) the interest is unrelated to the suppression of free expression; and
(3) is narrowly tailored to further the government’s interest (not the least restrictive means).

C.  Central Hudson Test

(1) The challenger must show that the law being challenged regulates commercial speech that is protected by the First Amendment. Commercial speech is protected only if it concerns lawful activity and is not false or misleading. If the challenger can make such a threshold showing, the burden shifts to the government to show that the regulation:

(2) promotes a substantial governmental interest;
(3) directly and materially advances that interest; and
(4) is narrowly tailored to further the government's interest (not the least restrictive means).