What does the term "content-based regulation" refer to in free speech law?

The term "content-based regulation" refers specifically to regulations that are imposed on speech or expression based on the subject matter or viewpoint being expressed. This means that if a law or policy specifically targets certain expressions because of their content, it is considered content-based. In free speech law, this type of regulation is subject to strict scrutiny by the courts, meaning that the government must show a compelling interest and that the regulation is narrowly tailored to achieve that interest.

For instance, if a law prohibits speech that criticizes a particular political viewpoint while allowing speech that supports it, this would be a clear example of content-based regulation, as it reflects a bias toward one subject matter over another.

Regulations based on the identity of the speaker, the time and place of the speech, or those that specifically target public demonstrations do not fall under the definition of content-based regulations as they do not address what is being said but rather focus on who is saying it, when and where it is said, or the context of the demonstration itself.