2 ms·
I almost feel embarrassed to be so pedantic, but it's actually not clear that it is a third factor. Quite a few scholars interpret this requirement as being a c
by anon373839 3y ago
I almost feel embarrassed to be so pedantic, but it's actually not clear that it is a third factor. Quite a few scholars interpret this requirement as being a component of "narrow tailoring", or vice versa. Realistically, I don't think many cases will hinge on this distinction: if a less restrictive method exists that can serve the compelling interest comparably well, then of course the more restrictive method isn't narrowly tailored, and is overbroad.
- frumper 3y agoParental consent would be less restrictive than what this law proposes.
- frumper 3y agoThinking about this, the government is all over the place. A 16 year old minor can decide for themselves, the government trusts a parent to make the decision for a 14-15 year old, and the government doesn't trust anyone to make the decision for a 13 year old. Either a kid needs to be protected or they don't. If they do, either you trust the parents to make the decision or you don't. I can't think of a single argument that fits with trusting a parent's choice for a 14 year old that doesn't trust it for a 13 year old, that also ignore's that parent's choice for a 16 year old.