Strict scrutiny

Definition

The most demanding level of judicial review, applied to laws that burden fundamental constitutional rights or target protected groups. The government must prove the law serves a compelling government interest and is narrowly tailored — using the least restrictive means available — to achieve that interest.

Examples

• •TikTok argued the Act must survive strict scrutiny because it is content-based, targeting a single speaker for treatment motivated by the content on its platform.

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