Levels of Scrutiny (Standards of Review)

1.  MINIMUM SCRUTINY TEST (also called rational basis test and minimum rationality review)

Are the means rationally related to a legitimate government interest?

(The challenger must prove that the means, the method used my the government to regulate speech, are not rationally related to a legitimate government interest. In First Amendment analysis, the Supreme Court more frequently describes the lowest level of scrutiny as a reasonableness standard rather than a rational basis standard.)


2.  INTERMEDIATE SCRUTINY TEST

Are the means substantially related to the accomplishment of an important government interest?

(The government must prove that the means are substantially related to the accomplishment of an important governmental objective, but the government need not prove that the means are absolutely necessary to the accomplishment of the objective only that there is a close fit between the means and the government's objective.)

3.  STRICT SCRUTINY TEST

Are the means necessary to the accomplishment of a compelling government interest?

(The government must prove that it cannot achieve its compelling objective without the use of the means it has chosen to use. In other words, that there are no other means available that would accomplish its objective to the same extent and which would infringe on freedom of speech to a lesser degree. Sometimes the phrase narrowly tailored is used instead of the word necessary, but in the context of strict scrutiny narrowly tailored means necessary.)