What is the current state of the law on First Amendment protection under which the degree of scrutiny is determined by the degree to which the regulation touches on foreign affairs?
The following excerpt is from Bullfrog Films, Inc. v. Wick, 847 F.2d 502 (9th Cir. 1988):
it is clear that there is no "sliding scale" of First Amendment protection under which the degree of scrutiny fluctuates in accordance with the degree to which the regulation touches on foreign affairs. Rather, the only permissible non-neutral inquiry into the content of the speech is whether the statements adversely affect foreign policy interests to such a degree that the speech is completely unprotected. As Haig v. Agee itself indicates, the clearest example of the kind of compelling government interest that would lead to such a result is where the speech poses a clear and direct threat to national security.
646 F.Supp. at 504.
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