![]() ![]() One provision permits a cable system operator to prohibit theīroadcasting of programming that "depicts sexual or excretory activities or organs in a patently offensive manner." A secondĬhallenged section requires that cable systems allowing this kind of The broadcasting of "patently offensive" sexually oriented Television Consumer Protection and Competition Act of 1992 that regulate F.C.C.(7) the CourtĬonsidered a First Amendment challenge to three provisions of the Cable For example, in Denver AreaĮducational Telecommunications Consortium, Inc. Several of the Court's decisions last term significantlyĭeparted from this review framework. There are exceptions), and interference with fundamental rights like Strict scrutiny is used, for example, when the Court evaluatesĭiscrimination based on race, discrimination against aliens (although Gerald Gunther has said that strict scrutiny is "strict in theoryĪnd fatal in fact."(6) When it is applied, laws are often declared Is necessary to accomplish a compelling government purpose. The law will be struck down unless the government can show that the law Under strict scrutiny, the government has the burden of proof.(5) Requires proof that the law is the least restrictive or leastĭiscriminatory alternative. Purpose as vital or "compelling," and the law must be shown toīe "necessary" as a means to accomplishing the end. In other words, the court must regard the government's Necessary in order to achieve a compelling government purpose.(4) Scrutiny." At this level of review, a law will be upheld if it is The most intensive type of judicial review is "strict To education, and regulation of commercial speech and speech in public Involving gender discrimination, discrimination against nonmaritalĬhildren, discrimination against undocumented alien children with regard Intermediate scrutiny is used, for example, in evaluating laws Substantially related to achieving the goal. Way of attaining the end the court must believe that the law is "important." The means chosen must be more than a reasonable ![]() Just a legitimate goal the court must regard the purpose as In other words, the government's objective must be more than This review level, a law will be upheld if it is substantially related The middle tier of review is "intermediate scrutiny." At Only rarely has the SupremeĬourt invalidated laws failing rational basis review. The test isĮnormously deferential to the government. That it is not a reasonable way to attain the desired end. Proves that the law does not serve any conceivable legitimate purpose or That is, the law will be upheld unless the challenger Under the rational basis test, the challenger of a law has theīurden of proof. Sufficient, and the means that are chosen to achieve the objective only Virtually any conceivable legitimate purpose is In other words, the government's objective only need be a Will be upheld if it is rationally related to a legitimate government Test." All laws challenged under due process or equal protectionĬlauses must meet at least this review level. The minimal level of review is the "rational basis The government will have a minimal burden. Involves an area where there is general deference to the legislature, Required by the level of scrutiny to meet a heavy burden. ![]() Government or if a fundamental right is at stake, the government will be If there is reason for great suspicion of the It informs courts how to arrange the weights on the constitutional scale The level of scrutiny, in a sense, is instruction for balancing. Trend, it could be an important development in constitutional law. Not follow its usual approach to the levels of scrutiny. Indeed, one of the most significant aspects of theĬourt's last term was the number of cases in which the Court did With little fanfare, recent decisions have begun to erode these Level of scrutiny that the Supreme Court applied. Threeĭistinct tiers of review emerged, and the outcome in constitutionalĬases involving civil rights and civil liberties depended largely on the Retrieved from įor more than a quarter of a century, levels of scrutiny have beenĬrucial in determining the results of constitutional litigation. APA style: Breakdown in the levels of scrutiny.Breakdown in the levels of scrutiny." Retrieved from 1997 American Association for Justice 22 May. MLA style: "Breakdown in the levels of scrutiny." The Free Library.
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