This flow chart is designed to help you identify (1) the specific issue in a question testing on individual rights under the 14th Amendment; and (2) the appropriate test to apply.
A law discriminates if it treats one group of people differently than another group of people.
Strict scrutiny requires the government to prove that the law is narrowly tailored to serve a compelling government interest. When strict scrutiny governs, the challenged law normally does not survive.
Intermediate scrutiny requires the government to prove that the law is substantially related to an important government interest. When intermediate scrutiny governs, the challenged law usually does not survive.
The rational basis test requires the plaintiff (the one challenging the law) to prove that the law is not rationally related to any legitimate government interest. When the rational basis test governs, the challenged law virtually always survives.
See our resources on Free Speech for help analyzing a law that infringes on speech or expression. See our other resources on Equal Protection and Fundamental rights for more help with these issues.