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Don is in jail after calling for the violent overthrow of the Mayor of Gotham and his reign of tyranny. He was incarcerated without hearing

Don is in jail after calling for the violent overthrow of the Mayor of Gotham and his reign of tyranny. He was incarcerated without hearing pursuant to a local ordinance that prohibits any "threat of violence to an elected official." Don challenges the constitutionality of this ordinance under the 1st Amendment. What standard of review?

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