GOV 312L Lecture Notes - Lecture 20: Cyberbullying, Critical Inquiry, Strict Scrutiny
3 May 2017
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In other words, the limit placed on rights must be proportionate to the aim pursued: this is why we call it proportionality, context is essential to any determination, proportionality: all about context. Is there a legitimate aim to the interference: rational basis test: is there a legitimate govt interest, strict scrutiny: a compelling state interest. Is the interference prescribed by a clear and accessible law: ppl shouldn"t be wondering why rights are being limited, rational basis test: triggered with normal liberty interests, strict scrutiny: triggered with fundamental rights or suspect classes. Is it doing enough without doing too much: rational basis test: must be rationally related to the goal, strict scrutiny: must be narrowly tailored to the goal; use least restrictive means. Is there protection against arbitrary exercise of this interference: rational basis test: presumption of constitutionality, strict scrutiny: burden on state to demonstrate compelling interest.
