What is an intermediate standard of review?
In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication.
What are the three different standards of constitutional review?
In modern constitutional law, there are three standards of review: (1) strict scrutiny; (2) intermediate or heightened scrutiny; and (3) rational basis.
Is alienage a suspect class?
Overview. Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.
What makes a law narrowly tailored?
The Supreme Court has ruled that government regulation of First Amendment rights must be “narrowly tailored,” which means that laws must be written precisely to place as few restrictions as possible on First Amendment liberties.
Is age a suspect class?
The Supreme Court has not recognized age and gender as suspect classifications, though some lower courts treat gender as a suspect or quasi-suspect classification.
What receives intermediate scrutiny?
Intermediate scrutiny is a test courts will use to determine a statute’s constitutionality. To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
What does narrowly tailored mean constitutional law?
What is the difference between national origin and alienage?
Title VII prohibits discrimination on the basis of race, color, religion, sex, or national origin, but it is silent as to “alienage” – the status of being an alien. …
What level of scrutiny is disability?
intermediate
Intellectual disability was therefore found to be a quasi-suspect classification, and the Fifth Circuit applied an intermediate level of scrutiny.