Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

intermediate scrutiny

Read a random definition: barrier to entry

A quick definition of intermediate scrutiny:

Intermediate scrutiny is a way for courts to decide if a law is fair or not. It is used when a law affects certain groups of people in a negative way. To pass intermediate scrutiny, the law must be important for the government and must be related to that goal. It is not as strict as the highest level of scrutiny, but it is stricter than the lowest level. Intermediate scrutiny is used for laws that treat men and women differently, as well as some laws about free speech. It was created by the Supreme Court in 1976.

A more thorough explanation:

Intermediate scrutiny is a legal test used by courts to determine if a law is constitutional. It is used when a law negatively affects certain protected classes, such as gender or illegitimacy. To pass intermediate scrutiny, the law must further an important government interest and must do so by means that are substantially related to that interest. This test is less rigorous than strict scrutiny but more rigorous than the rational basis test.

  • Gender Discrimination: In Craig v. Boren, the Supreme Court applied intermediate scrutiny to a statute that discriminated on the basis of gender. Since then, any law that discriminates based on gender must undergo the intermediate scrutiny test.
  • Illegitimacy: According to Matthews v. Lucas and Trimble v. Gordon, laws that discriminate based on illegitimacy are also subject to intermediate scrutiny.
  • First Amendment: Intermediate scrutiny is also used for certain First Amendment issues, such as regulating mass media, adult entertainment, and highway signs. For example, in US West, Inc. v. United States, the Ninth Circuit Court of Appeals used intermediate scrutiny for a federal statute that prohibited telephone companies from providing video programming to subscribers.

These examples illustrate how intermediate scrutiny is used to determine if a law is constitutional when it negatively affects certain protected classes or infringes on First Amendment rights. The law must further an important government interest and must do so by means that are substantially related to that interest. This ensures that laws are not discriminatory or overly restrictive of individual rights.

interlocutory order | intermittent leave

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
LSD+ is ad-free, with DMs, discounts, case briefs & more.