hout impermissibly restricting broad swathes of constitutionally protected speech. Content-based regulations of speech require the courts to examine such regulations under strict scrutiny. Under strict scrutiny, the government carries the burden of showing that their professed interest is a compelling one, and that the specific regulation they have employed is narrowly tailored to achieve that interest. To be narrowly tailored in a free speech context, a government regulation cannot inhibit more speech than is necessary to achieve the government's compelling interest.
Although the courts have correctly reasoned that the CDA and COPA are by no means narrowly tailored to achieve the Government's interest in protecting minors from exposure to sexually explicit speech, they have ultimately failed to provide a sufficient analysis regarding whether this particular interest is, in fact, a compelling one in the first place. Over and over again, the courts have simply concluded in the affirmative with very little or no m
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