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"Strict scrutiny is a heavy burden.
But not all such uses are invalidated by strict scrutiny.
I would apply strict scrutiny to infringements of fundamental rights.
This is a high hurdle, otherwise known as strict scrutiny.
"Strict scrutiny, intermediate scrutiny, blah blah blah blah.
The strictest standard is called, unsurprisingly, "strict scrutiny".
See Eugene Volokh, Freedom of Speech, Permissible Tailoring and Transcending Strict Scrutiny, 144 U. PA.
The existence of the second statute would not make the first statute subject to strict scrutiny.
Arguably, the Brandenburg test is even more stringent than other forms of strict scrutiny.
We declined to apply strict scrutiny and rejected equal protection challenges to the statutes.
We rejected First Amendment and equal protection challenges to this provision without applying strict scrutiny.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com