HomeBioOriginal ContentAdded Value


Strict Scrutiny is the work of M. Alan Thomas II (hereinafter "I" or "me"), providing original content and added value on issues of information policy, whether intellectual property affairs such as copyright and the ongoing copyfight, freedom of information (both in terms of free speech and in terms of open access), and privacy. The legal theory of strict scrutiny is not likely to be explicitly invoked as often as the name suggests, but it's never very far from my mind.

Original Content contains longer essays and commentaries hosted on this site; in other words, it has anything where the primary attaction is my content. Added Value contains content from elsewhere to which I have added value through selection, commentary, and so on, but where the primary attraction is still the foreign content.

About the Title

Strict scrutiny is the strictest level of judicial review in the U.S. It applies any time a law impinges upon a fundamental right (e.g., almost anything in the Bill of Rights) or is aimed at a "suspect classification," such as a historically persecuted minority. To pass strict scrutiny, the law must serve a compelling government interest, must be narrowly tailored to achieving that interest, and must be the least restrictive means for achieving that interest.