Government interest

In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law.

A compelling governmental interest may override fundamental constitutional rights, if it satisfies the strict scrutiny test.

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.

[2] In Wisconsin v. Yoder, on the other hand, the requirement for compulsory education beyond 8th grade was not compelling in the case of Amish children, based on the parents' fundamental right to freedom of religion.

[6] The approach in Europe is very different to the United States where the courts have not been willing to recognize a broad government interest in relation to the 1st or 2nd amendments.