Intermediate Scrutiny

Intermediate Scrutiny

Definition

Also known as heightened scrutiny, under constitutional jurisprudence, a level of scrutiny between rational basis and strict scrutiny. Intermediate scrutiny is applied to determine whether a quasi-suspect classification, such as gender or legitimacy, is substantially related to the accomplishment of an important governmental purpose. Intermediate scrutiny is also applied to determine whether content-neutral restrictions of speech comply with the First Amendment.

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