Also known as: less-restrictive alternative · less restrictive alternative · least restrictive means · LRA · least restrictive alternative
Written by attorneys · grounded in primary & secondary sources — see below
A requirement that government action or regulation be the least burdensome means of achieving its objective. Under strict scrutiny the government must demonstrate that no alternative would serve the interest as effectively while imposing less restriction on protected rights or conduct.
Congress enacts a law requiring commercial websites to verify users are adults before displaying material that is harmful to minors and imposes criminal penalties for noncompliance. Parents propose installing filtering software on home computers as an alternative. A court finds the statute unconstitutional because the government has not shown that filters would be less effective at protecting children while burdening far less speech.
A city denies a church's permit to expand its building citing traffic concerns. Church members show that a smaller addition plus off-site parking would achieve the same traffic reduction. The court invalidates the denial because the city failed to prove that its outright refusal was the least restrictive means of addressing congestion.
Select any source to read its text and confirm it supports the definition.
A city bans ritual animal sacrifice after residents complain about sanitation. Practitioners demonstrate that requiring sanitary disposal methods and designated areas would address the concerns without banning the practice. The court strikes down the ban because less restrictive sanitation rules would achieve the city's interest.
A federal statute criminalizes transmission of indecent material to minors over the internet. Providers show that blocking software installed by parents would protect children while allowing adults full access. The court holds the statute invalid because the government did not prove that blocking software is less effective than the criminal prohibition.
A state funds schools primarily through local property taxes, creating large spending gaps between wealthy and poor districts. Parents in poor districts propose a statewide funding formula that equalizes resources without eliminating local control. The court upholds the system under rational-basis review and does not require the state to prove that its chosen means are the least restrictive available.
A city bans possession of handguns in the home for public safety. Residents demonstrate that requiring trigger locks and background checks would reduce accidents and crime while preserving the right to self-defense. The court invalidates the ban on Second Amendment grounds without applying a formal least-restrictive-alternatives inquiry.
The government must prove that its chosen measure is the least restrictive means of achieving a compelling interest and that proposed alternatives would be less effective.
No. The alternative must be both less restrictive and at least as effective at serving the government's interest.
Under intermediate scrutiny the government need only show a substantial relationship to an important interest. It is not required to prove that its means are the least restrictive possible.
Yes. Courts also apply a less-restrictive-alternatives inquiry in antitrust rule-of-reason analysis and under statutes such as RLUIPA when evaluating substantial burdens on religious exercise.
…of serving the asserted government interest; existence of an analogous, but more narrowly drawn, federal statute showed that “a less restrictive alternative is readily available”). Dissenting opinions Dissenting — Justice Blackmun 279 U. S. App. D. C., at 6, 7, 878 F. 2d, at 1463, 1467 (quoting DEA Final Order to the effect that total…