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    Strict Scrutiny

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    angelkatao311
    The document discusses strict scrutiny, a form of judicial review used to determine the constitutionality of laws that restrict freedom of speech or target specific religions. Courts use a three part test examining a law's purpose, enforcement, and less restrictive alternatives when applying strict scrutiny.

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    Strict Scrutiny

    Uploaded by

    angelkatao311
    28 views1 page
    The document discusses strict scrutiny, a form of judicial review used to determine the constitutionality of laws that restrict freedom of speech or target specific religions. Courts use a three part test examining a law's purpose, enforcement, and less restrictive alternatives when applying strict scrutiny.

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    Constitutional law

    Original Title

    strict scrutiny

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    The document discusses strict scrutiny, a form of judicial review used to determine the constitutionality of laws that restrict freedom of speech or target specific religions. Courts use a three part test examining a law's purpose, enforcement, and less restrictive alternatives when applying strict scrutiny.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views1 page

    Strict Scrutiny

    Uploaded by

    angelkatao311
    The document discusses strict scrutiny, a form of judicial review used to determine the constitutionality of laws that restrict freedom of speech or target specific religions. Courts use a three part test examining a law's purpose, enforcement, and less restrictive alternatives when applying strict scrutiny.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    STRICT SCRUTINY

    Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of
    certain laws.
    Strict scrutiny is used to analyze laws that restrict the freedom of speech
    It is also used when a law targets a specific religious faith.
    For example the U.S Supreme court in 2004 invalidated a federal law known as the Child Online
    Protection Act( COPA) because it did not survive the strict scrutiny.
    To past the strict scrutiny the government must show that the law is necessary to achieve a
    compelling interest. It must also be narrowly tethered to meet that interest.
    It makes sure that the government interest is advanced in the least speech-restrictive way
    possible.
    Courts use a three part test to determine whether a law meets the strict scrutiny standard.
    The test looks at :
     The purpose of the law
     How the law will be enforced
     If there are any less restrictive alternatives to the law
    One of the most common use of strict scrutiny is in cases of recial profiling.
    In the case of Washington v Davis the supreme court ruled that the strict scrutiny standard
    applies in cases of racial profiling.
    The advantage of strict scrutiny is that it doesn't allow the law to be too restrictive to the people's
    freedom of speech.
    It does not allow the law to justify the discriminative actions of the government.
    The constitution of Kenya article 1 states that the sovereign are the people. Therefore the laws
    that restrict their freedom to speech are unconstitutional.

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