That, some say, might pass a constitutional test as a regulation of format rather than of speech.
Scholars argue about what the constitutional test of "high crimes and misdemeanors" means.
The Court had not formally stated the constitutional test, but its elements were clear.
"This is clearly unconstitutional by any constitutional test one could imagine."
It was a major constitutional test of the right to counsel.
And it will apply a constitutional test that I would describe as one of proportionality.
His proposal, he said, would allow such restrictions to pass the constitutional test.
It doesn't meet the constitutional test, he said, which requires that the government show a compelling interest to impose limits on speech.
There was no chance in hell this would pass a constitutional test.
The case of Martina Thompson is not some great constitutional test.