compelling state interest

37 examples (0.03 sec)
  • As a fundamental right had been violated, the government had to establish that a compelling state interest was involved.
  • Furthermore, the decision found that there was insufficient evidence that the law was necessary to satisfy the compelling state interest test.
  • In the US, the compelling state interest test has been developed in accordance with the standards of strict scrutiny.
  • This means the statute must be narrowly tailored to address a compelling state interest.
  • Arizona lawmakers had argued there was a compelling state interest in equalizing resources among competing candidates and interest groups.
  • Nor do I see why a university should have to establish a "compelling state interest" to defend its decision to permit one group to use the facility and not the other. Cited from Children's Internet Protection Act (CIPA) Ruling
  • While governments are allowed to invade the privacy of their citizens in some cases, they are expected to protect privacy in all cases lacking a compelling state interest.
  • Strict scrutiny asks whether the law is justified by a compelling state interest, and whether the law is narrowly tailored to address the state interest.
  • The court acknowledged, however, that the government must "convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest."
  • Roberts concludes that racial balancing cannot be a compelling state interest.
  • The judge ruled that restricting the institution of marriage to opposite sex couples "is not rationally related to any legitimate or compelling state interest."
  • In his concurrence, Kennedy differed with the plurality because, he found, the goal of obtaining a diverse student body is a compelling state interest.
  • The Court held that limitations on donations to candidates were constitutional because of the compelling state interest in preventing corruption or the appearance of corruption.
  • Must a local government, for example, show a compelling state interest if it builds a band shell in the park and dedicates it solely to classical music (but not to jazz)? Cited from Children's Internet Protection Act (CIPA) Ruling
  • Flores argued that his congregation had outgrown the existing structure, rendering the ruling a substantial burden on the free exercise of religion without a compelling state interest.
  • Rather, Judge Michalski directed the parties to set further hearings to determine whether a compelling state interest could be shown for Alaska's ban on same-sex marriage.
  • On appeal, however, the U.S. Supreme Court said that a state does not have to prove that its felony disenfranchisement laws serve a compelling state interest.
  • The compelling state interest test is distinguishable from the rational basis test, which involves claims that do not involve a suspect class and involve a liberty interest rather than a fundamental right.
  • This test inquires into whether there is a compelling state interest being furthered by the violation of the right, and whether the law in question is narrowly tailored to address the state interest.
  • For such a subpoena to have merit, the government must "convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest."
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