Least Restrictive Means Definition

The legal standard used to determine whether a law, regulation, or policy is "narrowly tailored" under the strict scrutiny standard used in some due process and equal protection cases.

When a court applies strict scrutiny it asks:

  • whether the government can articulate a compelling interest to justify the law, regulation, or policy, and
  • whether the law, regulation, or policy is narrowly tailored, meaning the government has chosen the least restrictive means to accomplish its compelling interest.