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The Supreme Court applies "strict scrutiny" to judicial review of laws or policies involving the First Amendment Free Exercise Clause.

Strict scrutiny, the highest level of judicial review, employs a three-prong test that a law or policy must withstand to be considered constitutional.

  1. The law/policy must involve a "compelling government interest," a concept generally defined as vital to the government or its citizens, such as national security.
  2. The law/policy must be "narrowly tailored" to address only issue or activity necessary to achieve its goal.
  3. The law/policy must use the "least restrictive means" possible to achieve its goal.

Approximately 70% of the laws or policies subject to strict scrutiny are overturned.

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Q: What does the Supreme Court interpretation of freedom of religion require?
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