Legal Definitions - Strict scrutiny

Definition: Strict scrutiny is a legal standard used by courts to determine if a law is constitutional. It is often used in cases where a plaintiff sues the government for discrimination. To pass strict scrutiny, the government must have a "compelling interest" for passing the law and the law must be narrowly tailored to achieve that interest.

Examples: Strict scrutiny is often used in cases involving equal protection, where a law infringes upon a fundamental right or involves a suspect classification such as race, national origin, religion, or alienage. For example, if a state passes a law that only allows white people to vote, a court would use strict scrutiny to determine if the law is constitutional. Another example is restrictions on content-based speech, which are also reviewed under the strict scrutiny standard.

Explanation: Strict scrutiny is the highest standard of review used by courts to evaluate the constitutionality of governmental discrimination. It requires the government to have a compelling interest for passing the law and the law must be narrowly tailored to achieve that interest. The examples illustrate how strict scrutiny is used in cases involving equal protection and restrictions on speech. In both cases, the government must have a compelling interest for passing the law and the law must be narrowly tailored to achieve that interest.