NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is working on a civil rights case where a local government enacted an ordinance prohibiting all public demonstrations in front of the city hall. The client believes this ordinance violates their right to free speech. Which standard of judicial review would a court most likely apply when evaluating the constitutionality of this ordinance?
- ARational Basis Review
- BStrict Scrutiny
- CDe Novo Review
- DIntermediate Scrutiny
Show answer & explanationAnswer & explanation
Correct answer: B. Strict Scrutiny
Ordinances that restrict fundamental rights, such as free speech, are subject to strict scrutiny. Under this standard, the government must show the law is necessary to achieve a compelling government interest and is narrowly tailored to achieve that interest.
Why the other options are wrong
- A. Rational Basis Review is the lowest level, applied to laws not involving fundamental rights or suspect classes. It requires only a legitimate government interest and a rational relationship.
- C. De Novo Review is a standard of appellate review where the court reviews the case as if it were being heard for the first time, not a standard for judging constitutionality of a law.
- D. Intermediate Scrutiny is applied to quasi-suspect classifications (e.g., gender) and requires an important government interest and a substantially related means.
Strict Scrutiny
The highest standard of judicial review used by courts to determine the constitutionality of certain laws. It applies when a law infringes on a fundamental constitutional right or involves a suspect classification.
- Government must prove the law serves a 'compelling government interest'.
- Government must prove the law is 'narrowly tailored' to achieve that interest.
- Government must prove the law uses the 'least restrictive means' available.
- Few laws survive strict scrutiny.
Memory trick: Strict scrutiny is for 'S'uper important rights.