Strict scrutiny

In the case New York Times vs. The United States, the Legislative branch checked the validity of a decision made by the executive branch in a court ruling. While ruling in favor to overrule the lower court's decision, Justice Brennan said “ since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified”(Oyez). The separate branches of government used each other to check for correct due process and to enforce…

prohibiting the possession of animals for sacrifice or slaughter, with specific exemptions for state-licensed activities. The Court struck down these ordinances because they did not pass strict scrutiny, and thereby, discriminated Lukumi Babalu on the basis of religion. The ordinances did not pass strict scrutiny even though there were compelling state interests in public health and animal cruelty. It did not pass because the ban was not by least-restrictive means. The practices of the religion…

The case Brown v. Entertainment Merchants Association began on October 7, 2005, when California Governor Arnold Schwarzenegger signed a bill into law that placed restrictions on the sale and rental of certain video games. This bill, known as Assembly Bill 1179, restricted individuals under the age of 18 from purchasing or renting video games that contained violence in the forms of “killing, maiming, dismembering, or sexually assaulting an image of a human being”. This law also required that all…

content-based speech restriction, meaning that is was subject to strict scrutiny. The Court importantly stated that if a law is content based “on its face,” then the government’s justifications do not matter—the law is subject to strict scrutiny. Under New Hampshire’s law, one can take a picture of a ballot, simply not a marked, and a distinction that the plaintiffs argue is content-based. Thus, the statutes are subject to strict scrutiny (Plaintiff’s Statement). The argument is actually…

forcing the State to engage in religious issues, as shown through Awad v. Ziriax. It is clear that the SHARIA law does not pass the Lemon Test and therefore violates the Establishment Clause. THE LAW CANNOT SURVIVE STRICT SCRUTINY The SHARIA law cannot pass the Strict Scrutiny approach to Equal Protection under the Fourteenth Amendment of the U.S. Constitution.…

Content-Base Restrictions attempt to regulate the ideas or information contained in the speech or its general subject matter. On the other hand, Content-Neutral Restrictions do not attempt to regulate the content of speech. When applying the strict scrutiny test to a content-based restriction, Section 1050.6 is proposed to serve the public safety and subway efficiency. There are three main reasons why a complete ban on panhandling in the subway system is not a narrowly tailored method of…

one religion, or one religious sect, over another, or when the government is providing some benefit to a religious institution but the legislation or government program contains no religious or sect preference. If the former, then traditional strict scrutiny is applied, and the program will fail unless the government can prove that the program is necessary to further a compelling government interest.…

A fundamental right by the court allows for strict scrutiny where legislation constructs classifications surrounding the right. It is a policy decision implemented by the court to limit the amount and type of legislation that is subject to strict scrutiny. The significance of the case is based on the different levels of equal protection. Rosenfeld would view this case as legitimate because it follows separate factors; judges act as democratic participants: where the debate is open, and different…

enough to pass the strict scrutiny test. To limit a fundamental right, the government must prove three things. First they must prove their compelling interest in limiting the right. Next they have to show the law is narrowly tailored in serving this compelling government interest. Finally, they must show that the law uses the least restrictive means in achieving its goal. The law to prohibit first cousin marriage is unconstitutional as it fails not one or two parts of the strict scrutiny test,…

classifications permitting certain individuals to enlist in certain occupations. Classification can also be restricted by gender, race, or religion (which raises crucial constitutional questions). As a result, the government uses the three-tiered “levels of scrutiny” to address systems of classification imposed by the state, giving the government a greater “burden of proof”, to protect some classificatory…