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";s:4:"text";s:2552:"It is part of the hierarchy of standards that courts use to determine which is weightier: a constitutional right or principle, or the government's interest against observance of the principle. - 14th amendment equal protection clause for states - 5th amendment due process clause for the federal government . Under the intermediate scrutiny test, the law must be substantially related to an important governmental interest. and that the law uses the "least restrictive means" to achieve the purpose. Under the strict scrutiny test, the law must be the least restrictive means to achieve a compelling governmental interest. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. "Strict scrutiny" requires that any law infringing a fundamental right must be narrowly tailored to serve a compelling governmental interest by the least restrictive means. Some statutes remove any ambiguity, prescribing the "least restrictive alternative" test. This is the same test applied to freedom of speech, freedom of religion, and so forth. least restrictive means to achieve a compelling governmental interst - applies if fundamental rights or suspect classification involved. standards of review: strict scrutiny. The test will be met even if there is another method that is equally the least restrictive. least restrictive means must be used for achieving that interest. That is, there cannot be a less restrictive way to effectively achieve the compelling government interest. Finally, the law or policy must be the least restrictive means for achieving that interest. Finally, under the rational basis test, the law must simply be rationally related to a legitimate state interest. More accurately, there cannot be a less restrictive way to effectively achieve the compelling government interest, but the test will not fail just because there is another method that is equally the least restrictive. Modern Tests and Standards: Vagueness, Overbreadth, Strict Scrutiny, Intermediate Scrutiny, and Effectiveness of Speech Restrictions. 7. Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, though the Court generally evaluates it separately. In summary, certain areas of law (free speech, religious freedoms, affirmative action) have their own idiosyncratic treatment of strict scrutiny, narrow tailoring, and the "least restrictive alternative" test. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. 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