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For instance the government can stop expression that threatens national security, incite a riot, damages the reputation of others or invade their privacy. The government and the judgment employed by the court can determine what is not protected under the First Amendment.
Federal Courts have the power under the Fourteenth Amendment to nullify laws that violate the First Amendment. Under the content regulations of the First Amendment falls strict scrutiny. Strict scrutiny ensures that regulations are justified by a compelling government interest and are specified very narrowly. Strict scrutiny prevents the government from unconstitutionally favoring or discriminating against a subject or viewpoint...
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