What is the significance of strict scrutiny

How do you feel about the courts autonomy in making this determination? Do you believe that the requirement that the law be narrowly tailored and the least restrictive means of achieving the purpose adequately protect an individuals fundamental or constitutionally protected rights? The state passes a law stating the news media must receive approval from state authorities before reporting on any criminal investigations.

The purpose of the law is to make certain that the new reporting does not detriment an investigation in process. A media group challenges the law in court, alleging that the law is a violation of the 1st Amendment. What analysis will the court apply in determining whether the law is Constitutional?

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Discussion There is no single standard for determining what is a compelling state purpose. Some might argue that the term compelling only arises when regulation of situation is essential or necessary rather than a matter of choice, discretion or preference.

For example, in Holder v. Humanitarian Law Project and Williams-Yulee v. Florida Bar , the Roberts Court applied strict scrutiny but upheld the challenged laws. Chief Justice John G. Roberts Jr. The court also uses strict scrutiny in free exercise of religion cases when the governmental law deliberately targets a specific religious faith.

For example, in Church of the Lukumi Babalu Aye v. City of Hialeah , the Supreme Court invalidated a Florida city law that targeted the Santeria religion and its practice of animal sacrifices. The court used to apply a form of strict scrutiny more frequently in free exercise clause cases, such as Sherbert v. Verner and Wisconsin v.

Yoder , but the court changed the standard in free exercise clause cases in Employment Division v. Smith If a law is considered neutral and of general applicability, the standard applied is a form of rational basis rather than strict scrutiny. The other two standards are intermediate scrutiny and rational basis review. 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. The application of strict scrutiny, however, extends beyond issues of equal protection.