A state legislature has passed a law prohibiting all individuals under the age of 21 from purchasing certain types of video games, claiming the purpose of the law is to reduce exposure to potentially harmful content. A 19-year-old challenges the law, arguing it violates their right to free speech. What is the most appropriate standard of review a court would use to evaluate this challenge?
The court uses strict scrutiny to evaluate laws that impose content-based restrictions on protected speech under the First Amendment. Here, the state law prohibits access to certain video games, potentially restricting their communicative content. The government must demonstrate that the law serves a compelling interest and that the restriction is narrowly tailored to achieve that interest, which aligns most closely with strict scrutiny analysis. Rational basis review, in contrast, is used for laws that do not implicate fundamental rights, and intermediate scrutiny typically applies to content-neutral time, place, and manner restrictions or certain equal protection classifications like gender. In this case, because the restriction targets communicative content, strict scrutiny applies.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
Why does strict scrutiny apply to content-based restrictions on speech?
Open an interactive chat with Bash
What does 'narrowly tailored' mean in the context of strict scrutiny?
Open an interactive chat with Bash
How does strict scrutiny differ from rational basis review and intermediate scrutiny?
Open an interactive chat with Bash
Multistate Bar Examination
Constitutional Law
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .