Also known as: Central Hudson fourth prong · fourth prong Central Hudson · narrow tailoring · least restrictive alternative
Written by attorneys · grounded in primary & secondary sources — see below
A requirement that any restriction on protected speech be no more extensive than necessary to serve the asserted governmental interest. The government must consider and reject less restrictive alternatives before imposing a broad prohibition or closure.
A trial judge orders every hearing in a criminal contempt case closed to all journalists and the public based on a general desire to keep source disputes private. The appellate court reverses because the judge made no findings that an overriding interest existed and failed to consider narrower options such as partial sealing or in-camera review.
Congress requires cable operators to carry local broadcast stations. The Court upholds the rules after finding they directly advance a substantial interest in preserving free television and are narrowly drawn because operators retain editorial control over other channels and the burden is modest.
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A newly elected sheriff fires all non-policymaking employees who supported the prior administration. The Court invalidates the blanket policy because less restrictive alternatives, such as requiring loyalty oaths or performance-based reviews, would achieve the interest in effective government without punishing political affiliation.
A city prohibits more than one adult entertainment business in the same building. The ordinance survives because studies show it reduces crime and blight and because operators may still locate in permitted zones, making the restriction no broader than needed.
A city bans ritual animal sacrifice while permitting other forms of animal killing. The Court strikes down the ordinances because they are not narrowly tailored. The city could have used generally applicable health and safety rules instead of targeting religious conduct.
A federal statute criminalizes any visual depiction that appears to be a minor engaged in sexual conduct, including computer-generated images. The Court invalidates the law because it sweeps in protected adult expression and the government failed to show that narrower prohibitions on actual child pornography would be insufficient.
A court must make specific, on-the-record findings that an overriding interest is likely to be harmed by openness and that closure is narrowly tailored, with no reasonable alternatives available.
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No. Content-based restrictions trigger strict scrutiny, requiring the government to prove a compelling interest and narrow tailoring, but they are not automatically invalid if they meet that standard.
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A policy triggers strict scrutiny when it is not neutral or generally applicable because it singles out religious conduct for special disfavor while permitting comparable secular conduct.
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…"presumably has the capability of meaningful life outside the mother's womb." Ibid. In order to fulfill the requirement of narrow tailoring, "the State is obligated to make a reasonable effort to limit the effect of its regulations to the period in the trimester during which its health interest will be furthered." Akron v.…