Least Restrictive Alternative
/ˌlist rɪˈstrɪktɪv ɔːlˈtɜːrnətɪv/
Definitions
- (n.) A legal principle requiring that when restricting constitutional rights or fundamental freedoms, the chosen regulation or measure must be the least restrictive option available to achieve the legitimate objective.
The court held that the policy violated the First Amendment because it was not the least restrictive alternative.
Forms
- least restrictive alternative
Related terms
See also
Commentary
This principle is primarily applied in constitutional law to ensure that rights are curtailed only to the minimum extent necessary; it often guides courts in evaluating government actions under strict scrutiny.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.