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2 Cards in this Set

  • Front
  • Back
Strict Scrutiny
Government can interfere if there is a compelling government interest - this is applicable to fundamental rights - for example free speech or privacy could be violated in the occasion that a compelling government interest existed.

Secondly: there must be a narrowly tailored interest

Third: Must accomplish the goal by the least restrictive means
Adderley v. Florida (1966)
Adderley and 200 others protest arrest of protesters of segregation: this occurs in the driveway of a jail - They are arrested and charged with trespassing with malicious intent

Holding: Protesters cant do whatever and wherever and however they please

Not a reaction to content of protest and government has power to control their property for lawful non-discrimatory purposes

Statute did not impose broad restrictions on free speech and expression rights

Government has right