Final answer:
Determinations of materiality by the Supreme Court require judgment, which involves gathering and reviewing evidence within the context of different legal standards, such as the rational basis test and intermediate scrutiny.
Step-by-step explanation:
As the Supreme Court has noted, determinations of materiality require judgment. This involves gathering evidence and looking closely at the subject matter, whether it's a policy, a film, a written argument, or employee performance. In the legal context, particularly with the Supreme Court, evidence must be reviewed in light of legal standards such as the rational basis test, intermediate scrutiny, or whether there's a compelling governmental interest for laws that limit or burden particular practices or beliefs.
The courts are constrained by the facts of the case, the Constitution, relevant laws, and their own precedents. Different standards of review such as the rational basis test for most forms of discrimination, or the intermediate scrutiny for issues of gender discrimination, require the government to justify the law's differing treatment of individuals. Overall, the materiality judgment is a complex mix of factual, legal, and evidentiary assessment.