Under licensing requirements for demonstrations, which condition would satisfy strict scrutiny?

• A. Important reasons for licensing
• B. Criteria is so clear there is no room for discretion
• C. Both of the above
• D. Neither of the above

Answer: (C)

Strict scrutiny for licensing of demonstrations hinges on two things: the government must show a compelling interest for requiring a license, and the licensing scheme must be narrowly tailored with objective criteria that leave no room for official discretion. The first piece—important reasons for licensing—signals a real need tied to public order, safety, or other substantial interests, which supports a compelling justification. The second piece—having criteria so clear there is no discretion—ensures the process is predictable and neutral, reducing opportunities for arbitrary or biased enforcement.

When both elements are present, the regulation is more likely to survive strict scrutiny because it demonstrates a legitimate, essential aim while also limiting discretionary power that could muzzle speech. If only one element were present, the rule could still fail: compelling interest without objective, nondiscretionary standards leaves room for arbitrary decisions; objective standards without a compelling justification would not meet the required level of scrutiny. Therefore, both conditions together satisfy strict scrutiny.