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Comment by hirundo

Banning a speech app should trigger strict judicial scrutiny for first amendment infringement in the same way that banning a newspaper would:

1. Is it necessary to a "compelling state interest"?

Maybe they are CCP surveillance apps, but that needs be shown in court, not merely asserted.

2. Is it "narrowly tailored" to achieving this compelling purpose?

This seems narrowly tailored to two apps.

3. Does it use the "least restrictive means" to achieve the purpose?

Like demanding that they change the apps rather than banning them.

parent hirundo 6 years ago

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