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 examples illustrate how strict scrutiny is used in cases involving equal protection and restrictions on speech. Richardson that the Supreme Court also extended strict scrutiny to laws discriminating against aliens or non-U.S. It requires the government to 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. 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. The meaning of STRICT SCRUTINY is the highest level of judicial scrutiny that is applied especially to a law that allegedly violates equal protection in. In contrast, the government typically has more leeway to regulate unprotected speech. Define Strict Scrutiny Define the restrictions, including time, place, and manner restrictions, as well as content neutral restrictions Understand the purpose of restrictions government places. Regulations of protected speech generally receive strict or intermediate scrutiny, which are high bars for the government to meet. 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. what level of judicial scrutiny, a court might apply to the law. 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 often used in cases where a plaintiff sues the government for discrimination. Definition: Strict scrutiny is a legal standard used by courts to determine if a law is constitutional.
0 Comments
Leave a Reply. |