← Legal Glossary
Intermediate scrutiny
Definition
A middle level of judicial review applied to laws that incidentally burden speech or are content-neutral. The government must show the law serves a substantial government interest and is reasonably — though not necessarily the least restrictive — means of achieving it.
Examples
- •Justice Sotomayor suggested intermediate scrutiny might apply to the data-collection rationale, distinct from the content manipulation concern that would trigger strict scrutiny.