Constitutional Law. Bert is meeting with investors when one angry investor asks him about a federal tax fraud investigation. Alarmed, Bert shouts "earthquake!" Investors panic and race for the door, where several are injured in the scramble to get out. Police find out what Bert has done and arrest him, although Bert protests that he was simply exercising his free speech rights. Bert challenges the constitutionality of his arrest under the 1st Amendment. What standard of review