Which type of regulation is generally more susceptible to scrutiny according to the First Amendment?

Content-based restrictions are generally more susceptible to scrutiny under the First Amendment because they specifically target speech based on its subject matter or viewpoint. The First Amendment provides robust protections for free speech, and when the government attempts to regulate expression based on its content, it raises significant constitutional concerns. This type of regulation is typically subject to strict scrutiny, which requires the government to demonstrate that the regulation serves a compelling state interest and is narrowly tailored to achieve that interest without unnecessarily infringing on free speech.

In contrast, other types of regulations, such as those related to business, property, or health, might face a lower level of scrutiny depending on the government's interests and the nature of the regulations. For example, regulations concerning businesses might be evaluated under a balancing test that weighs the interests of the government against the burdens on speech. Therefore, content-based restrictions warrant greater examination and are more likely to be struck down if they do not meet the stringent requirements established by the courts.