Also known as: heavy burdens · heavy burden of proof
Written by attorneys · grounded in primary & secondary sources — see below
A demanding standard of justification or proof imposed on a party seeking to overcome a strong presumption against a particular action or claim.
Helena Hoffman, editor of a defense industry newsletter, obtained leaked schedules for armored vehicle shipments to an active conflict zone. The government petitioned to block publication, citing national security. The court required the government to demonstrate a direct and serious threat before any restraint could issue.
Hamid Hassan was arrested and read his rights but gave no verbal acknowledgment before answering questions. Prosecutors later sought to introduce his statements. The court placed the heavy burden on the state to prove a knowing and intelligent waiver from the surrounding facts.
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Harriet Hamilton, a white applicant, was denied a state university tuition waiver reserved for specified minority groups. The university defended the program as remedying past recruitment bias. The court imposed a heavy burden on the state to show the classification was narrowly tailored to a compelling interest.
Harper Hill testified under a grant of immunity and later faced charges based on evidence the government claimed came from independent sources. Hill moved to dismiss. The court shifted to the government the heavy burden of proving no use of compelled testimony or its fruits.
Hana Hashimoto led a minor political party seeking exemption from donor disclosure rules due to harassment fears. The government opposed the exemption. The court allowed the party flexibility in proof but still required it to meet a heavy burden showing reasonable probability of reprisals.
Hassan Hakim, a private attorney, sued a magazine for a false article accusing him of communist ties. The magazine argued the First Amendment required proof of actual malice. The court declined to place that heavy burden on the plaintiff because he was not a public figure.
The government must demonstrate a direct, serious threat to national security rather than speculative harm. Publication of troop movements during wartime can meet this threshold when the harm is concrete and immediate.
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The government must prove from the particular facts that the defendant knowingly and intelligently waived the rights. Silence after warnings or the eventual obtaining of a statement is insufficient by itself.
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Racial classifications are presumptively invalid and require the government to prove both a compelling interest and narrow tailoring. Rejection of race-neutral alternatives or inclusion of beneficiaries who do not fit the asserted need shows failure to meet the burden.
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Once the defendant shows testimony was given under immunity, the government must prove all evidence it intends to use came from legitimate independent sources. Failure to make that showing bars prosecution use of the immunized testimony or its fruits.
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…question him during that time. If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.…