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Compelling state interest

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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

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