Written by attorneys · grounded in primary & secondary sources — see below
A limitation on protected rights that is precisely calibrated to advance only the government's compelling interest. The measure must avoid unnecessary breadth that would burden more conduct than required to achieve the asserted goal.
Sources & Authorities
How it applies
Common Examples
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Minority Contractor Set-Aside
The city council enacted a program reserving 30 percent of public contracts for minority-owned firms after documenting specific past discrimination against Black contractors in the local construction industry. Nicholas Nunez, a non-minority bidder whose low bid was rejected solely on racial grounds, challenged the set-aside. The court upheld the program because the reservation was limited to the precise industry and jurisdiction where the documented discrimination occurred.
Child-Support Marriage Restriction
Wisconsin required any person with unpaid child-support obligations to obtain a court order before marrying. Noelle North, a resident with arrears who wished to marry her partner, was denied permission. The court struck down the statute because it swept in individuals whose unpaid support bore no direct relation to the state's interest in ensuring payment.
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Cases
Hornbooks
Course Outlines
Study Supplements
Abortion Health Regulation
A state statute required all second-trimester abortions to be performed in hospitals rather than outpatient clinics. Neil Nair, a physician operating a licensed clinic, challenged the rule after a patient was forced to travel out of state. The court invalidated the requirement because it imposed hospital-only care on procedures that could safely occur in clinics.
Roe v. Wade410 U.S. 113 (1973)
Deadly-Force Felony Arrest
Tennessee law permitted police to shoot any fleeing felony suspect who refused to halt. Nolan Nunez, an unarmed teenager suspected of burglary, was shot and killed while climbing a fence. The court held the statute unconstitutional because it authorized deadly force without any requirement that the suspect pose a threat of serious harm.
Tennessee v. Garner471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)
Household-Occupancy Ordinance
The Village of Belle Terre limited occupancy of single-family homes to two unrelated persons. Nina Nielsen and five college students renting a house together received eviction notices. The court upheld the ordinance because the restriction was limited to preserving the residential character of a small community without reaching larger unrelated households.
Village of Belle Terre v. Boraas416 U.S. 1 (1974)
Parental-Consent Waiting Period
Pennsylvania required minors seeking abortions to obtain in-person parental consent and imposed a 24-hour waiting period after that consent. Nigel Nelson, a 17-year-old whose parents lived out of state, challenged the combined requirements. The court struck down the in-person visit rule because the resulting delay was not necessary to further the state's interest in parental involvement.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Common questions
Frequently Asked
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What does it mean for a law to be narrowly drawn under strict scrutiny?+
A law is narrowly drawn when it is limited to advancing only the government's compelling interest and does not burden substantially more protected conduct than necessary. Courts examine whether less restrictive alternatives would achieve the same objective.
Supporting sources
How does narrow tailoring differ from the least-restrictive-means test?+
Narrow tailoring requires that the regulation promote the interest more effectively than without it and that the burden not be substantially broader than needed. It does not always demand the single least restrictive alternative if the chosen means are closely fitted to the goal.
Supporting sources
Can a content-neutral time-place-manner restriction satisfy the narrowly-drawn requirement?+
Yes. A content-neutral restriction is narrowly tailored if it promotes a substantial government interest that would be achieved less effectively without the regulation, even if it is not the least restrictive means available.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…394 U. S. 618, 634 (1969), Sherbert v. Verner , 374 U. S. 398, 406 (1963), and that legislative enactments must be narrowly drawn to express only the legitimate state interests at stake. Griswold v. Connecticut , 381 U. S., at 485; Aptheker v. Secretary of State , 378 U. S. 500, 508 (1964); Cantwell v.…