Also known as:governmental interest analysis · governmental interests analyses · interest analysis · governmental interest
Written by attorneys · grounded in primary & secondary sources — see below
A choice-of-law methodology that identifies the policies underlying the laws of interested states and determines which state has a legitimate interest in having its law applied to the particular issue.
Sources & Authorities
How it applies
Common Examples
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Santeria Ritual Ordinance Dispute
Genevieve Gardner, a practitioner in State A, challenged a city ban on specific animal slaughter methods enacted after her group announced plans for religious ceremonies. The court applied governmental interests analysis by examining whether State B's interest in public health justified displacing State A's policy protecting religious exercise. Finding the ordinance targeted religious conduct without advancing a compelling interest unrelated to suppression, the analysis led to invalidation under strict scrutiny.
Draft Card Burning Regulation
Greta Goldstein burned her draft card during a protest in State C to express opposition to military policy. State D sought to apply its law protecting the selective service system. Governmental interests analysis weighed State D's substantial interest in maintaining the draft against the incidental burden on expression, confirming the interest was unrelated to suppressing speech and the restriction no greater than essential.
Select any source to read its text and confirm it supports the definition.
Cases
Hornbooks
Development Permit Exaction Challenge
Gustavo Gutierrez applied for a permit in State E to build on wetlands and faced a demand to dedicate an easement for public access. The court used governmental interests analysis to test whether State F's interest in environmental mitigation had an essential nexus to denying the permit outright. The condition failed because it did not directly address impacts from the proposed project.
Public Broadcasting Editorial Ban
Gwen Gallagher operated a noncommercial station in State G that received federal grants and wished to editorialize on local issues. State H enforced a prohibition on such speech by grantees. Governmental interests analysis examined whether the state's interest in regulating broadcasting was narrowly tailored, revealing that a total ban on editorializing from other resources exceeded any overriding objective.
Pacific Gas and Electric Co. v. State Energy Resources Conservation and Development Commission461 U.S. 190, 103 S. Ct. 1713, 75 L. Ed. 2d 752 (1983)
Engineer Ethics Code Enforcement
Gina Griffin, an engineer in State I, advertised competitive bidding services in violation of a professional society rule. State J sought to enforce the ban as advancing public safety. Governmental interests analysis assessed whether the interest in preventing unethical competition was unrelated to suppressing commercial speech and whether less restrictive means existed to achieve the goal.
National Society of Professional Engineers v. United States435 U.S. 679, 688–692, 98 S.Ct. 1355, 1363–65 (1978)
Pharmacy Advertising Restriction
Gareth Glover, a pharmacist in State K, posted prices for prescription drugs to inform consumers. State L banned such advertising to protect professional standards. Governmental interests analysis evaluated whether the interest in maintaining pharmacist-client relationships justified the speech restriction and whether the measure was narrowly drawn to that end.
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.425 U.S. 748, 96 S. Ct. 1817, 48 L. Ed. 2d 346 (1976)
Common questions
Frequently Asked
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How does governmental interests analysis differ from the First Restatement approach?+
It replaces fixed territorial rules with an inquiry into the policies behind each state's law and which state has a real interest in applying its rule to the facts. The hornbook excerpt describes this shift as part of the scholastic revolution in conflicts law.
Supporting sources
What role does governmental interests analysis play in the Second Restatement?+
Section 6 of the Second Restatement incorporates elements of interest analysis by directing courts to consider the policies of the forum and other interested states when selecting applicable law.
Supporting sources
Can governmental interests analysis apply outside traditional conflicts cases?+
Courts have used similar interest-weighing frameworks when evaluating whether a regulation advances a legitimate governmental objective unrelated to suppressing protected activity.
449 U.S. 302, 101 S. Ct. 633, 66 L. Ed. 2d 521 (1981)Conflict of Laws
…outside the choice-of-law area, such as in the case of sister state-court judgments. [^maj-11]: Prior to the advent of interest analysis in the state courts as the “dominant mode of analysis in modern choice of law theory,” Silberman, Shaffer v. Heitner : The End of an Era, 53 N. Y. U. L. Rev. 33, 80, n. 259 (1978); cf.…