The government's reason for the law must be legitimate and there must be a rational connection between the classification and the goal. Laws that classify people on the basis of economics typically are scrutinized under rational basis scrutiny. For example, if a state offers public assistance to people whose income is below the poverty line, but not to people with higher incomes, the law will be subject to this analysis. Because this standard is so low, courts applying this standard almost never overturn the government's classification. Freedom of Speech The First Amendment of the Constitution states that Congress may make no law abridging the freedom of speech.
Freedom of speech protects the free flow of ideas, an important function in a democratic society.
Under this Amendment, the government may restrict speech only through reasonable regulations that are not aimed at suppressing specific ideas. For example, it is constitutional for the government to prohibit demonstrations in a hospital zone out of concern for patient safety, or to restrict billboard advertising that is so distracting as to cause accidents. But the government may not restrict certain types of demonstrations or advertisements simply because it disagrees with the content of what is said or communicated. Some speech, however, is prohibited because of its content. Speech that incites people to violence is prohibited, as is obscene speech, false advertising, and speech that defames someone's reputation.