The question is on strict scrutiny vs. rational basis. The industry wants the “strict scrutiny” standard to apply — meaning government restrictions on speech must be both backed by a ...

In this post, I'll give you Part II, "Erotic-Expression Taxes and Content Discrimination", which explains why erotic-expression taxes should be subject to strict scrutiny. (The article obviously ...

Laws that burden constitutional rights — such as the right to free speech — are often subject to this narrow tailoring requirement, which is known as “strict scrutiny.” A law can fail ...

In Paxton, the porn industry asked the U.S. Supreme Court to apply the most rigorous standard of judicial review—strict scrutiny—to Texas’s age-verification law for porn sites. Strict ...

Kansas lawmakers are considering a constitutional amendment to explicitly apply strict scrutiny to gun rights, even though a recent court ruling suggests it already applies. The proposed amendment ...

“These comments are coming from white people … it’s a kind of racism.” Female athletes of color have historically faced disproportionate scrutiny and discrimination when it comes to sex testing and ...

The Iowa Supreme Court upheld the constitutionality of a state law 4-3 on Friday limiting gun rights to people who were ...

The Supreme Court did the right thing by upholding affirmative action -- but by pretending that racial preferences don't harm anyone, it showed that America still can't talk straight about race.