because burdened speech occurs in the course of conducting one’s business as a professional. Even in cases involving speech that is spoken only in pursuit of one’s profession, the Court has applied intermediate First Amendment scrutiny. See Sorrell, 131 S.Ct. at 2667-71 (applying intermediate First Amendment scrutiny to a law prohibiting pharmacies from selling records of doctors’ prescribing patterns to pharmaceutical salespeople); Fla. Bar v. Went For It, Inc., 515 U.S. 618, 620, 623-24, 115 S.Ct. 2371, 2374, 2375-76, 132 L.Ed.2d 541 (1995) (subjecting a regulation prohibiting lawyers from engaging in certain forms of direct advertising to intermediate First Amendment scrutiny); cf. Holder v. Humanitarian Law Project, 561 U.S. 1, 28, 130 S.Ct. 2705, 2724, 177 L.Ed.2d 355 (2010) (<HOLDING>). In Locke, all four conditions were satisfied.
holding that some form of heightened constitutional scrutiny applies holding that strict scrutiny applies holding that the first amendment does not provide a right to use the ballot itself to send a particularized message recognizing that strict scrutiny applies to facial discrimination against a suspect class recognizing that when conduct triggering coverage under the statute consists of communicating a message first amendment scrutiny still applies