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in order to justify a regulation on speech under the strict scrutiny standard of judicial review, the government must prove that it has a ____ interest.

Sagot :

Under strict scrutiny, the government must show that there is a compelling, or very strong, interest  .

What exactly is strict scrutiny?

Strict scrutiny a test used by the Supreme Court in cases involving racial discrimination and other civil liberties and civil rights that places the burden of proof on the government rather than the challengers to demonstrate that the law in question is constitutional.

Loving v. Virginia (1967), in which the Supreme Court struck down a Virginia law prohibiting interracial marriage, is an example of applying the strict scrutiny standard to fundamental rights (Equal Protection) based on race. Scenario: The state passes legislation prohibiting citizens from burning the state flag.

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