What are examples of strict scrutiny?
During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race. For example, in Loving v. Virginia (1967), the Supreme Court applied Strict Scrutiny to strike down Virginia’s law banning interracial marriage.
What counts as a compelling government interest?
A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. When government action infringes an individual’s fundamental rights, the government must show that the government’s action is necessary to achieve a compelling government interest.
What is strict scrutiny?
Under a strict scrutiny analysis, a law that restricts freedom of speech must achieve a compelling government interest and be narrowly tailored to that interest or be the least speech-restrictive means available to the government. Strict scrutiny also is used when a law targets a specific religious faith.
What is strict scrutiny when is it used?
What are compelling interests?
An interest is compelling when it is essential or necessary rather than a matter of choice, preference, or discretion.
What is the strict scrutiny test?
Under strict scrutiny, the government must show that there is a compelling, or very strong, interest in the law, and that the law is either very narrowly tailored or is the least speech restrictive means available to the government.
What happens if a law fails strict scrutiny?
The government must also demonstrate that the law is “narrowly tailored” to achieve the compelling purpose, and uses the “least restrictive means” to achieve the purpose. Failure to show these conditions may result in a judge striking down a law as unconstitutional.
What do you need to know about strict scrutiny?
Overview. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination.
When to use strict scrutiny in equal protection case?
Equal Protection Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.
What makes a government regulation a compelling state interest?
Compelling State Interest. A government regulation that impairs First Amendment rights must meet a higher standard of need, called a “compelling government interest,” to be constitutional.
Which is an example of a compelling interest?
While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections.