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Legal Definitions - least-restrictive-means test

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Definition of least-restrictive-means test

The least-restrictive-means test is a rule that says a law or government regulation should be created in a way that protects individual civil liberties as much as possible. It should only be as restrictive as necessary to achieve a legitimate government purpose.

For example, if a city wants to regulate the use of public parks to prevent overcrowding, it could create a law that limits the number of people allowed in the park at one time. However, if the city also requires all park visitors to wear a specific type of clothing, this would be considered too restrictive and would violate the least-restrictive-means test.

Another example is a law that requires all businesses to install security cameras to prevent theft. This law would likely pass the least-restrictive-means test because it is a reasonable way to achieve the legitimate government purpose of reducing crime. However, a law that requires all businesses to install facial recognition software would be considered too restrictive and would violate the least-restrictive-means test.

The least-restrictive-means test is important because it helps ensure that government regulations do not unnecessarily infringe on individual rights and freedoms.

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Simple Definition

Term: LEAST-RESTRICTIVE-MEANS TEST

Definition: The least-restrictive-means test is a rule that says laws or government rules should be made in a way that protects people's rights as much as possible. Even if the government has a good reason for making a rule, it should only be as strict as it needs to be to achieve its goal.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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If we desire respect for the law, we must first make the law respectable.

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