Legal term
Strict scrutiny
Answer: Strict scrutiny. This is the highest form of U.S. constitutional review: the government bears the burden to show a compelling interest and narrow tailoring. It applies to all racial classifications by any level of government and to content-based speech restrictions. See Adarand and LII discussions cited below.
Rule to remember
Strict scrutiny is the highest constitutional review standard. A law or policy must further a compelling governmental interest and be narrowly tailored to achieve that interest. It applies to suspect classifications (e.g., race, national origin), to many burdens on fundamental rights, and to content-based restrictions on fully protected speech.
Key elements and checks
- Triggers: suspect classifications (race, national origin) and many fundamental-rights burdens; content-based speech regulations.
- Government bears the burden; courts presume unconstitutionality unless the showing is made.
- Requirements: compelling governmental interest and narrow tailoring (tight ends–means fit).
- Some contexts describe least restrictive means, but narrow tailoring is the core requirement (especially outside statutes like RFRA/RLUIPA).
- Applied to all government levels for racial classifications (federal, state, local).
- Contrasts: intermediate review for certain classifications or content-neutral time, place, and manner; rational-basis review for most economic/age regulations.
In the source’s words
“Strict scrutiny is the highest standard of review that a court will use to evaluate the constitutionality of government action,”
Strict scrutiny | Wex | LII
“All racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny.”
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995) | LII
State constitutions often mirror these tiers but can be more protective. Some states treat additional classifications as suspect or apply similar tests under state law; consult jurisdiction-specific doctrine.