Misplaced Pages

Compelling state interest

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

This is an old revision of this page, as edited by Jdblick (talk | contribs) at 15:10, 13 September 2007 (Created page with 'The Bill of Rights have rights that are guaranteed, but there are limitations. The Supreme Court of the United States has used a test of [[compelling state int...'). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Revision as of 15:10, 13 September 2007 by Jdblick (talk | contribs) (Created page with 'The Bill of Rights have rights that are guaranteed, but there are limitations. The Supreme Court of the United States has used a test of [[compelling state int...')(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)

The Bill of Rights have rights that are guaranteed, but there are limitations. The Supreme Court of the United States has used a test of compelling state interest as a standard to limit those rights. This test at least applies to the Free Exercise Clause of the First Amendment. It also applies to abortion, child pornography, discrimination remedies, drug testing, expression and speech rights, liberty (privacy), mandatory retirement, racial discrimination, residency requirements, and sex discrimination. (Epstein, Constitutional Law for a Changing America, 6th)


Some notable cases: Sherbert, 1963 Yoder, 1972 Smith, 1990 City of Boerne, 1997 O Centro v Gonzalez, 2006