Using principles and Supreme Court decisions you have learned in the first two chapters of the text, briefly explain why the governor of Missouri’s emergency executive order banning night-time protests likely would be found constitutional even if it restricts the protesters’ rights of freedom of speech and assembly.

Question

What will be an ideal response?

Answer 1

An excellent answer would discuss some or all of the following:
a. Executive orders are a legitimate source of law
b. Public safety and security are government interests of the highest order (compelling)
c. Laws serving a compelling government interest unrelated to the content of speech generally are reviewed under strict scrutiny, which means they are most likely to be found constitutional
d. This executive order likely would not be considered content-based because it does not directly and intentionally target the content of speech because of government disfavor
e. Content-neutral laws that incidentally infringe the freedom of speech are subject to a balancing of interests in which the government interests generally trump individual rights
f. Content-neutral laws are reviewed under intermediate scrutiny that asks whether:
– the law falls within the legitimate power of government: Yes, advancing the public safety and security
– the law advances an important government interest: Yes
– the government interest is not related to the suppression of speech: Yes
– the law is narrowly tailored/a good fit: Yes, it is a classic Time/Place/Manner regulation