Question

What are the three possible approaches to First Amendment Analysis?

1) Strict Scrutiny, Intermediate Scrutiny, Rational Basis
2) Strict Scrutiny, Rational Basis, Intermediate Scrutiny
3) Rational Basis, Intermediate Scrutiny, Strict Scrutiny
4) Intermediate Scrutiny, Rational Basis, Strict Scrutiny

Answer 1

The three possible approaches to First Amendment Analysis are strict scrutiny, intermediate scrutiny, and rational basis.

Step-by-step explanation:

The three possible approaches to First Amendment Analysis are:

1. Strict Scrutiny: This is the highest level of scrutiny applied by the courts when reviewing laws or actions that involve fundamental rights, such as freedom of speech or religion. Under strict scrutiny, the government must prove that there is a compelling governmental interest and that the law or action is narrowly tailored and the least restrictive means to achieve that interest.
2. Intermediate Scrutiny: This level of scrutiny is applied when reviewing laws that involve important but not fundamental rights, such as gender or illegitimate children. The government must show that the law serves an important government interest and that the means used to achieve that interest are substantially related to that interest.
3. Rational Basis: This is the lowest level of scrutiny and is applied when reviewing laws that do not involve fundamental rights or important interests. The government only needs to show that the law has a legitimate government interest and that it is rationally related to that interest.