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Question
- a law that forbids bands from playing in concerts when there is evidence that the band has previously engaged in illegal forms of expression is put in force. how is this not consistent with the guarantees in the first amendment?
the law imposes prior restraint.
the law is not content neutral.
the law is too vague.
the law is not the least drastic means available.
The First Amendment protects freedom of expression. A law that forbids bands from playing in concerts based on prior illegal expression (prior restraint) is a violation. Content - neutral laws are generally more acceptable. If the law is not the least drastic means (over - broad), it also violates the First Amendment. A vague law can also be problematic as it doesn't give clear guidance.
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The law imposes prior restraint.