[djcapelis]

The justices on the Supreme Court analyzed the constitutionality of this law under a free speech basis. The Per Curiam opinion of the court suggested the correct standard was intermediate scrutiny as an abridgment of free speech. Justice Sotomayor suggested in her concurrence that strict scrutiny (the highest standard) was appropriate.

They concluded that these regulations were okay at those levels of scrutiny, but it is not absurd or ridiculous to analyze these as forms of speech, and indeed, our courts do so.

That said, just because there is a conflict with freedom of speech doesn’t prevent all government regulation, it just means the laws involved must pass an elevated level of scrutiny. That applies here, for multiple reasons, and with multiple parties.