← Legal Glossary
Less restrictive alternative
Definition
Under strict scrutiny, the government cannot justify a speech restriction if another available method would achieve the same compelling interest while burdening speech less. The existence of a viable less restrictive alternative is often fatal to a law under strict scrutiny.
Examples
- •Petitioners argue content-filtering software is a less restrictive alternative to age verification because it protects minors without requiring adults to identify themselves to access protected speech.