Intermediate scrutiny means that the government must advance a substantial or important governmental interest in a narrowly tailored way or a way that does not substantially burden more speech than necessary.
Under intermediate scrutiny, government must show a substantial government interest Under it, the government must advance a compelling, or extremely important interest, often advanced in the least-speech restrictive way possible. Strict scrutiny is the highest level of judicial review. In modern constitutional law, there are three standards of review: (1) strict scrutiny (2) intermediate or heightened scrutiny and (3) rational basis. It represents a governmental interest more than a legitimate interest but less than a compelling governmental interest. The substantial governmental interest test is a part of the intermediate scrutiny analysis in First Amendment law. (AP Photo/Dennis Cook, used with permission from the Associated Press) In this photo, Mitch Snyder, left, leader of Community for Creative Non-Violence, takes part in a demonstration for the homeless in Washington in 1988. The Court ruled that the ban furthered a substantial government interest in protecting parks for the enjoyment of millions of people. An example of this substantial government interest is found in a case involving Community for Creative Non-Violence that challenged a ban on camping in Lafayette Park across from the White House. If a law infringing upon First Amendment rights is content-neutral, the courts may uphold the law if there is a "substantial government interest" in the activity that the law seeks to prohibit.
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