Compelling interest definition

Compelling interest means the government must prove past or present racial discrimination requiring remedial attention.
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Compelling interest is a legal term meaning interests “of the highest order.” Government interests that are merely reasonably or even significantly important are insufficient. Courts have ruled that municipal interests in revenue generation, economic development or eliminating congestion, are not compelling. The burden of proving that an interest is compelling lies squarely on the local government. Examples of interests that may be compelling are those related to preserving public health and safety. For example, safety concerns relating to traffic can be compelling. However, a county or municipality cannot simply point to an interest in traffic safety in the abstract as a compelling interest justifying a substantial burden on religious exercise. Rather, the government must show that it has a compelling interest in achieving that interest through the particular restriction at issue, such as safety interests in regulating traffic flow on the particular street at issue. Even where an interest is compelling, it must be pursued through the least restrictive means. If there is another way that the government could achieve the same compelling interest that would impose a lesser burden on religious exercise, it must choose that way rather than the more burdensome way.
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Compelling interest really means what it says . . . many laws will not meet the test.”272 Given the history and the lack of any legitimate justification for the Johnson Amendment, it would be exceedingly difficult for the government to advance any compelling interest to justify the law. Even if the government were somehow able to produce a compelling governmental interest, the Johnson Amendment would not advance that interest (whatever it is) in the least restrictive means available. The Johnson Amendment contains no halfway measures and is an absolute prohibition. Such an absolute prohibition is not a least restrictive means of advancing the government’s interest, no matter how the Court would view it.
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Examples of Compelling interest in a sentence

  • Compelling interest: Examining the evidence on racial dynamics in higher education.

  • Compelling interest: Examining the evidence on racial dynamics in colleges and universities.Stanford, CA: Stanford University Press.DOVIDIO, J.

  • Compelling interest / least restrictive meansBecause plaintiff has demonstrated suc- cessfully that the religious feast regulation imposes a substantial burden on his exer- cise of religion, the burden shifts to defen- dants to demonstrate that the regulation is designed to further a compelling govern- ment interest and is the least restrictive means of furthering that interest.

  • Compelling Governmental Interest” Compelling interest found or assumed: Murphy v.

  • Compelling interest of USCIS.94 USCIS Presentation DisclaimerWe understand that you will be taking notes today of the statements made by USCIS managers and officers.

  • Approval of contractual agreement with Learner’s Compass, Tenafly, NJ for ABA services for the 2020-2021 school year at the following rates:$ 65.00 per hour for instruction$115.00 per hour for School-based Behavior Consultation$115.00 per hour for Home based behavior consultation from the BA or ABA Coordinator.

  • Compelling interest – if it’s covered by a provision in the Constitution, that’s where you find the interest; or something suggested or implied by the police power or any inherent power (eminent domain, taxation)3.

  • Compelling interest should be interpreted restrictively, for instance in cases in which there is a risk of harm or penalty for the data exporter and should be balanced with the data subjects rights.91 3.2. Transfers of Data Within the EEAThe conditions for transferring personal data within the EEA will depend upon whether the data is being transferred from one controller to another controller or from controller to processor.

  • Section 63G-19-103 is enacted to read:63G-19-103.{ Recognition and protection of} Constitutional religious liberty -- Compelling interest.

  • Compelling interest: MCFL recognized unfair political advantage of corps I.


More Definitions of Compelling interest

Compelling interest means the government must prove past or present racial discrimination that requires remedial attention. There must be a specific “strong basis in the evidence” for the compelling governmental interest, which is established by statistical evidence. In addition, the DBE program designed to address the compelling governmental interest must be narrowly tailored to remedy the identified discrimination. A “narrowly tailored” DBE program means that the remedy must fit the findings, and the evidence showing a compelling interest must guide the tailoring very closely. However, in any DBE program with race-conscious elements, race-neutral alternatives must be considered first.
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Compelling interest and “least restrictive means” remain Whatever the shortcomings of sincerity screenings and this anec-
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Compelling interest and “least restrictive means” tests in a similar
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Related to Compelling interest

  • Substantial and Compelling Reason in the Public Interest means a reason that is justified by an important, specific, and articulated public interest goal that is within ICANN's mission and consistent with a balanced application of ICANN's core values as defined in ICANN's Bylaws.

  • Working Interest means an interest in oil and/or gas in the unit area by virtue of a lease, operating agreement, fee title, or otherwise, including a carried interest, the owner of which is obligated to pay, either in cash or out of production or otherwise a portion of the unit expense.

  • Ownership Interest As to any Certificate, any ownership or security interest in such Certificate, including any interest in such Certificate as the Holder thereof and any other interest therein, whether direct or indirect, legal or beneficial, as owner or as pledgee.

  • Controlling ownership interest means ownership of or entitlement to more than twenty-five percent of shares or capital or profits of the company;