Also known as: intermediate scrutiny · intermediate level scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review under which a classification or regulation must be substantially related to an important governmental objective. The government bears the burden of showing an exceedingly persuasive justification that is genuine rather than hypothesized and does not rely on overbroad generalizations.
Ivy Ibarra and her husband jointly own several rental properties. A state statute permits only the husband to mortgage or sell the properties without his wife's consent. When the husband attempts to sell one parcel, the recorder refuses to accept the deed absent Ivy's signature. The statute fails intermediate scrutiny because the gender classification is not substantially related to any important governmental objective.
Island Manufacturing operates a cable system. A federal regulation requires the company to carry local broadcast stations on its basic tier. The regulation advances the important interest of preserving free over-the-air television without suppressing speech. Because the carriage obligation is narrowly tailored and does not burden substantially more speech than necessary, the rule survives intermediate scrutiny.
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Iris Irons seeks admission to a state military college that excludes women. The state defends the policy by citing the importance of producing citizen-soldiers and asserts that the exclusion is substantially related to that goal. The justification rests on overbroad generalizations about women's capacities rather than a genuine interest, so the classification fails intermediate scrutiny.
Isaac Irving seeks support for his nonmarital child six years after birth. State law imposes a six-year limitations period on paternity actions for nonmarital children while allowing marital children to seek support at any time. The distinction based on legitimacy is not substantially related to preventing stale claims and therefore fails intermediate scrutiny.
Idris Ives owns a church that posts directional signs for weekend services. A town ordinance imposes stricter size and placement rules on directional signs than on political or ideological signs. The content-based distinction triggers strict scrutiny rather than intermediate scrutiny and is therefore invalid.
Icarus Aviation holds copyrights in films whose terms were extended by federal statute. The company challenges the extension as exceeding Congress's power. Because the extension is a content-neutral economic regulation, rational basis review applies rather than intermediate scrutiny.
Gender classifications and classifications based on illegitimacy receive intermediate scrutiny. Content-neutral regulations of speech are also evaluated under this standard.
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The government must demonstrate an exceedingly persuasive justification showing that the classification or regulation is substantially related to an important governmental objective. The justification must be genuine and may not rest on overbroad generalizations.
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Intermediate scrutiny requires a substantial relationship to an important interest while strict scrutiny demands narrow tailoring to a compelling interest. Gender and content-neutral speech rules receive the former. Race and content-based speech rules receive the latter.
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Yes when the rule advances important interests in tourism and emergency information and burdens only a single channel on large hotels. The limited scope shows the regulation does not burden substantially more speech than necessary.
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…holding attempted by RFRA. Even assuming RFRA would be interpreted in effect to mandate some lesser test, say, one equivalent to intermediate scrutiny, the statute nevertheless would require searching judicial scrutiny of state law with the attendant likelihood of invalidation. This is a considerable congressional intrusion into the…