What is required for the government to pass a law that restricts fundamental rights?

To restrict fundamental rights, the government must demonstrate a compelling government interest. This requirement is rooted in the strict scrutiny standard applied in constitutional law when evaluating laws that infringe upon fundamental rights, such as those protected by the First Amendment or the Equal Protection Clause of the Fourteenth Amendment.

Under this standard, not just any reason will suffice for the government to limit these essential rights; rather, it must show that the law serves a significant, legitimate interest. Furthermore, the means by which the government seeks to achieve that interest must be narrowly tailored, ensuring that the least restrictive methods are employed.

This robust scrutiny aims to protect individual liberties against unjust governmental interference, reflecting the principle that fundamental rights hold a higher status in our legal system. Because of this high standard, mere public consensus, state agreement, or a simple majority vote is inadequate for justifying restrictions on fundamental rights.