When the government restricts the exercise of a fundamental right, like speech, courts evaluate the restriction using rational basis analysis.

Question

Quizplus · Accepted Answer

When the government restricts the exercise of a fundamental right, courts generally use more heightened scrutiny than rational basis analysis. The level of scrutiny used depends on the nature of the right that is being restricted and the reasons given for the restriction.

When the Government Restricts the Exercise of a Fundamental Right