Government or state interest is a concept in law that allows the state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and have varied over time.

United States

In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law. Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests. A compelling governmental interest may override fundamental constitutional rights, if it satisfies the

strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...

test. A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. When government action infringes an individual's fundamental rights, the government must show that the government's action is necessary to achieve a compelling government interest. The protection of public health and safety, including the regulation of violent crime, the requirements of national security and military necessity are considered compelling government interests. Restricting access to unapproved prescription

drugs A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalat ...

is also a compelling government interest. In '' Wisconsin v. Yoder'', on the other hand, the requirement for

compulsory education Compulsory education refers to a period of education that is required of all people and is imposed by the government. This education may take place at a registered school or at other places. Compulsory school attendance or compulsory schooling ...

beyond 8th grade was not compelling in the case of Amish children, based on the parents' fundamental right to freedom of religion. If the subject matter is a legitimate government interest, but does not place a restriction on a fundamental right, the courts will test its validity by applying the rational basis test. Under the Supreme Court's

Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...

jurisprudence, when the government classifies a restriction based on gender, for example, it must show that its actions further an important government interest, under the

intermediate scrutiny Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order t ...

standard. Protecting residential privacy has been recognized as a significant government interest by the U.S. Court of Appeals for the 8th Circuit. The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.

References

American legal terminology United States constitutional law {{law-term-stub

United States

See also

References