Humanitarian Law Project(2009) and Williams-Yulee v. While the use of strict scrutiny once meant “strict in theory, fatal in fact,” in recent years the Roberts Court has applied strict scrutiny in a few cases and upheld the law. Some laws have survived strict scrutiny analysis
STRICT SCRUTINY VS INTERMEDIATE SCRUTINY SOFTWARE
The court reasoned that filtering or blocking software was a less speech restrictive alternative.
STRICT SCRUTINY VS INTERMEDIATE SCRUTINY FREE
ACLU (2004) that the law failed strict scrutiny because the restrictions it put on free speech were not the least restrictive available. The Supreme Court found that the government had a compelling governmental interest in protecting minors from harm. The law sought to address the deleterious effects of online pornography by making it illegal to post on the internet any communication for commercial purposes that is harmful to minors. Supreme Court in 2004 invalidated a federal law known as the Child Online Protection Act (COPA) because it did not survive strict scrutiny. 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.įor example, the U.S. In First Amendment free-speech law, content-based and viewpoint-based laws are evaluated under strict scrutiny as opposed to the lower standards of review - intermediate scrutiny or rational basis. Strict scrutiny applied when laws restrict speech rights based on viewpoint or content City of Los Angeles (2002), “Strict scrutiny leaves few survivors.” This means when a court evaluates a law using strict scrutiny, the court will usually strike down the law. As Justice David Souter famously wrote in his dissenting opinion in Alameda Books v. Strict scrutiny is the highest form of judicial review that courts use to evaluate the constitutionality of laws, regulations or other governmental policies under legal challenge.
Strict scrutiny also is used when a law targets a specific religious faith. 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 is the highest form of review that courts use to evaluate the constitutionality of laws.
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