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Book Reports
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| Number of pages / Number of words: |
7 / 1764 |
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For the government to win under a "strict scrutiny" standard, it must show that a law is narrowly tailored to promote a compelling government interest and that no less restrictive alternative would further that interest. (105) Note: As soon as a court decides to use the "strict scrutiny" standard, it's almost a sure thing that a law will be found unconstitutional...
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When "rational review" is used, a law is usually upheld.
Question 5: The part of the law that was challenged required that filters be used in public libraries. Even then, it only required libraries that received certain federal funds to filter. Why did the Court determine that Strict Scrutiny was the proper standard of review?
Answer: Even restrictions on government property generally receive strict scrutiny if a public forum has been created and the restrictions are based on content (as opposed to time, place and manner restrictions, which get an intermediate level of scrutiny)...
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