Submitted by Robert - March 17, 2008 at 4:17 pm -050066.47.76.242
@JustChris:

My understanding is that it is an issue of what kind of scrutiny the Court places on the speech. Thus, if the speech is of "lesser value," then the law regulating it would not be analyzed under strict scrutiny. For your example, so long as the KKK doesn't somehow do it's speech in a way that would result in it being categorized as "provocation, obscenity, threats, incitements to riot, child porn and defamation," then laws regulating their speech would be afforded higher scrutiny. It also seems that the Court has generally preferred to err on the side of free speech as opposed to the side of censorship (all three levels of the tests focus on the law and not the speech itself).

The law surrounding the 1st amendment is huge and complicated and I'm doing it no justice in my comments here (plus, I've just recently learned the details in my Conlaw course) so if anyone wants to expand/add/correct me, please do.

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