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Simple English definitions for legal terms
content-based discrimination
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A quick definition of content-based discrimination:
Content-based discrimination is when someone is treated unfairly because of what they say or write. This is not allowed by federal law, which protects people from discrimination based on things like race, age, sex, nationality, religion, or disability. Discrimination can also happen when people are not treated equally for no good reason. For example, if someone is not allowed to do something that others are allowed to do, even though they are the same in every other way. Discrimination is wrong and against the law.A more thorough explanation:
Definition: Discrimination based on the content of speech, especially when the speech is of little social value and is outweighed by the public interest in morality and order.
Examples:
- Restrictions on obscenity, fighting words, and defamation are examples of content-based discrimination.
- A law that prohibits certain political views from being expressed in public is also an example of content-based discrimination.
These examples illustrate how content-based discrimination involves the government targeting certain types of speech based on their content. The government may restrict speech that is considered harmful or offensive, but it must do so in a way that does not violate the First Amendment's protection of free speech.