Amendments: Balancing Individual Freedom with Public Order and Safety
James Wright
7 min read
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Study Guide Overview
This study guide covers the balance between individual rights and public safety, focusing on legal tests like strict scrutiny, intermediate scrutiny, and the balancing test. It examines the 2nd, 4th, and 8th Amendments, including the right to bear arms, search and seizure, and cruel and unusual punishment. The guide also provides exam tips and practice questions covering these key concepts.
#Balancing Individual Rights and Public Safety ⚖️
Let's explore how the Supreme Court juggles individual freedoms with the need for public order—a central theme in our review!
Over time, the Supreme Court has used various legal tests and doctrines to balance individual freedom with laws promoting public order and safety.
#Legal Tests and Doctrines
#Strict Scrutiny
- Used for laws restricting fundamental rights (e.g., speech, religion).
- Government must show the law is:
- Narrowly tailored
- Serves a compelling state interest
#Intermediate Scrutiny
- Applied to laws regulating conduct of lesser importance than fundamental rights.
- Government must show the law:
- Serves an important government interest
- Is substantially related to that interest
#Balancing Test
- Weighs individual rights against the government's interest in regulation.
- Laws that substantially burden individual rights may be struck down.
#Clear and Present Danger Test
- Used for speech that incites or creates a risk of imminent lawless action.
- Government can restrict speech if it:
- Creates a clear and present danger
- Restriction is necessary to protect against harm 🙅🏻
Think of it like a ladder: Strict scrutiny is the highest rung, used for the most important rights. Intermediate scrutiny is in the middle, and the balancing test weighs things on a case-by-case basis. The clear and present danger test is like an emergency brake for speech.
#The Eighth Amendmen...
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