Which rights are commonly evaluated under strict scrutiny in constitutional law?

Which rights are commonly evaluated under strict scrutiny in constitutional law?

• A. Marriage, procreate, custody of children, live with extended family, upbringing of your kids, use contraceptives
• B. Freedom of speech and freedom of the press
• C. Right to bear arms
• D. Right to a speedy trial

Answer: (A)

Strict scrutiny targets fundamental liberties and certain classifications, demanding the government show a compelling interest and that the law be narrowly tailored to achieve it. The rights that fit this most consistently are those tied to personal autonomy and family life and privacy: marriage, the ability to procreate, custody and upbringing of children, living with extended family, and use of contraception. Because these decisions affect core personal autonomy, laws burdening them are reviewed with the highest level of scrutiny, and they are very likely to be struck down unless a truly compelling objective is shown and the means are precisely tailored to achieve it. Other rights listed don’t fit as cleanly into this highest level of scrutiny in the same way. The freedom of speech and the press is protected by the First Amendment and, while some speech restrictions are subject to strict scrutiny, the standard isn’t ordinarily cited as the universal rule for these rights. The right to bear arms and the right to a speedy trial involve different doctrinal tests and are not classically grouped with the routine strict-scrutiny category applied to fundamental privacy and family rights.

Strict scrutiny targets fundamental liberties and certain classifications, demanding the government show a compelling interest and that the law be narrowly tailored to achieve it. The rights that fit this most consistently are those tied to personal autonomy and family life and privacy: marriage, the ability to procreate, custody and upbringing of children, living with extended family, and use of contraception. Because these decisions affect core personal autonomy, laws burdening them are reviewed with the highest level of scrutiny, and they are very likely to be struck down unless a truly compelling objective is shown and the means are precisely tailored to achieve it.

Other rights listed don’t fit as cleanly into this highest level of scrutiny in the same way. The freedom of speech and the press is protected by the First Amendment and, while some speech restrictions are subject to strict scrutiny, the standard isn’t ordinarily cited as the universal rule for these rights. The right to bear arms and the right to a speedy trial involve different doctrinal tests and are not classically grouped with the routine strict-scrutiny category applied to fundamental privacy and family rights.