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The California law is a content-based restriction, something that is presumed invalid under the First Amendment.
It is presumed invalid and struck down unless the government proves that officials' purpose in adopting the law advances a compelling interest.
[Applying these principles to the facts:] "[T]he Constitution demands that content-based restrictions on speech be presumed invalid and that the [g]overnment bear the burden of showing their constitutionality". Wayne County has not come close to meeting that burden in this case.
The Court attempts to distinguish between these foreign acts on the ground that all foreign penal and revenue and perhaps other public laws are irrebuttably presumed invalid to avoid the embarrassment stemming from examination of some acts and that all foreign expropriations are presumed valid for the same reason.
Laws like the Defense of Marriage Act that focus on a group long subjected to unfair discrimination, as gay people have been, should be presumed invalid unless lawmakers' purpose in adopting the law is shown to serve a real and compelling interest.
Restrictions made on the basis of the content of speech, like the Stolen Valor Act, are presumed invalid.
Similar(54)
If a court refuses to invalidate a granted patent, which is presumed valid and can only be held invalid upon a showing of clear and convincing evidence, that does not mean that the court believes the patent should have been granted in the first place.
Yet it is not peace that proves his enemy but the return of the count, presumed dead in the war, now an invalid in a wheelchair.
An adversary with the ability to perform unauthorized embedding can be presumed able to cause the detector to falsely authenticate an invalid watermarked image.
Presumed dead.
I presumed incorrectly.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com