![]() In both cases, the government must have a compelling interest for passing the law and the law must be narrowly tailored to achieve that interest. The first of these principles is that strict scrutiny requires the university to demonstrate with clarity that its purpose or interest is both constitutionally. This distinction is important in First Amendment cases because courts hold content-based laws to strict scrutiny the highest form of judicial review while holding content-neutral laws only to intermediate, or mid-level, scrutiny. The examples illustrate how strict scrutiny is used in cases involving equal protection and restrictions on speech. This is the highest and most stringent legal review in assessing the legality. In modern constitutional law, there are three standards of review: (1) strict scrutiny (2) intermediate or. It represents a governmental interest more than a legitimate interest but less than a compelling governmental interest. It requires the government to have a compelling interest for passing the law and the law must be narrowly tailored to achieve that interest. Strict scrutiny test is a type of judicial review that is used in evaluating laws and certain government policies. The substantial governmental interest test is a part of the intermediate scrutiny analysis in First Amendment law. Another example is restrictions on content-based speech, which are also reviewed under the strict scrutiny standard.Įxplanation: Strict scrutiny is the highest standard of review used by courts to evaluate the constitutionality of governmental discrimination. For example, if a state passes a law that only allows white people to vote, a court would use strict scrutiny to determine if the law is constitutional. To pass strict scrutiny, the government must have a "compelling interest" for passing the law and the law must be narrowly tailored to achieve that interest.Įxamples: Strict scrutiny is often used in cases involving equal protection, where a law infringes upon a fundamental right or involves a suspect classification such as race, national origin, religion, or alienage. ![]() It is used in cases where a plaintiff alleges that the legislature has made an Arbitrary or irrational decision. ![]() The rational basis test is the lowest form of judicial scrutiny. It is often used in cases where a plaintiff sues the government for discrimination. The strict scrutiny standard is one of three employed by the courts in reviewing laws and government policies. ![]() Definition: Strict scrutiny is a legal standard used by courts to determine if a law is constitutional. ![]()
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