ND Bar Practice Questions - North Dakota Bar Examination Exam

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A state law prohibits all residential picketing but exempts labor picketing. A homeowner challenges the law as a content-based speech restriction. Under the First Amendment, what level of scrutiny applies?

Strict scrutiny, because the exemption for labor picketing makes the law content-based Intermediate scrutiny, because all picketing regulations are content-neutral Rational basis, because picketing is conduct rather than speech No scrutiny, because residential neighborhoods are nonpublic forums

Correct Answer:

Strict scrutiny, because the exemption for labor picketing makes the law content-based

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