tailoring analysis (California) · Go Syfert
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tailoring analysis in California

9 California opinions name it 2 courts 2014–2026 4 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ashcroft v. American Civil Liberties Uniongreen
scotus · 2004 · cited in 3 California opinions naming this issue, 2021–2025
2 sentences

2025(See Ashcroft, supra, 542 U.S. at p. 665 [a challenged provision is “ ‘unacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve’ ”]; see generally Strict Judicial Scrutiny, supra, 54 UCLA L.Rev. at p. 1326 [characterizing this analysis as “express[ing] essentially the same demand” as the narrow tailoring inquiry].) As explained below, I disagree with plaintiff’s position.

2025(See Ashcroft, supra, 542 U.S. at p. 665 [a challenged provision is “ ‘unacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve’ ”]; see generally Strict Judicial Scrutiny, supra, 54 UCLA L.Rev. at p. 1326 [characterizing this analysis as “express[ing] essentially the same demand” as the narrow tailoring inquiry].) As explained below, I disagree with plaintiff’s position.

33
People v. Erica R.green
calctapp · 2015 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(See In re P.O. (2016) 246 Cal.App.4th 288, 296 [cited by L.B.; in discussing Lent’s third prong, appellate court declines to adopt a strict tailoring requirement that would make it impossible to impose standard search conditions]; In re Erica R. (2015) 240 Cal.App.4th 907, 914 [finding electronic search condition was not properly tailored under Lent].)2 In any event, we note the trial court here did extensively modify the set of probation conditions initially recommended by the probation officer.

11
People v. P.O.green
calctapp · 2016 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(See In re P.O. (2016) 246 Cal.App.4th 288, 296 [cited by L.B.; in discussing Lent’s third prong, appellate court declines to adopt a strict tailoring requirement that would make it impossible to impose standard search conditions]; In re Erica R. (2015) 240 Cal.App.4th 907, 914 [finding electronic search condition was not properly tailored under Lent].)2 In any event, we note the trial court here did extensively modify the set of probation conditions initially recommended by the probation officer.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
In Re Lifschutz green
cal · 1970
2 sentences

2015(Ibid.) The California Supreme Court reaffirmed its holding in Lifschutz that any such exception must be narrowly construed, ibid., “concomitant with the purposes of the exception.” (Lifschutz, supra, 2 Cal.3d at p. 435 .) These principles resemble the tailoring analysis in which a court considers whether a probation condition imposing limitations on a person’s constitutional rights is closely tailored to the purpose of the condition.

2015(Ibid.) The court reaffirmed the holding of Lifschutz that any such exception must be narrowly construed, ibid., “concomitant with the purposes of the exception.” (Lifschutz, supra, 2 Cal.3d at p. 435 .) These principles resemble the tailoring analysis in which a court considers whether a probation condition imposing limitations on a person’s constitutional rights is closely tailored to the purpose of the condition.

42014–2015
In Re Sheena K. green
cal · 2007
2 sentences

2015(In re Sheena K., supra, 40 Cal.4th at p. 890 .) In Gonzales, supra, 56 Cal.4th 353 , the court recently considered the psychotherapist-patient privilege in the context of a proceeding under the Sexually Violent Predator Act (SVPA).

2015(In re Sheena K. (2007) 40 Cal.4th 875, 890 .) In Gonzales, supra, 56 Cal.4th 353 , the California Supreme Court recently considered the psychotherapist-patient privilege in the context of a proceeding under the Sexually Violent Predator Act (SVPA).

42014–2015
People v. Gonzales green
cal · 2013
2 sentences

2015(In re Sheena K., supra, 40 Cal.4th at p. 890 .) In Gonzales, supra, 56 Cal.4th 353 , the court recently considered the psychotherapist-patient privilege in the context of a proceeding under the Sexually Violent Predator Act (SVPA).

2015(In re Sheena K., supra, 40 Cal.4th at p. 890 .) In Gonzales, supra, 56 Cal.4th 353 , the court recently considered the psychotherapist-patient privilege in the context of a proceeding under the Sexually Violent Predator Act (SVPA).

42014–2015
Reed v. Town of Gilbert green
scotus · 2015
1 sentence

2021The government must also show the statute furthers the compelling interest and is “narrowly tailored to that end.” (Reed, supra, 576 U.S. at p. 171 .) To satisfy the narrow tailoring requirement in the case of a content-based speech restriction, the government must show the law is the least restrictive alternative of achieving the government interest.

12021–2021
Wood v. Superior Court green
calctapp · 1985
1 sentence

2019It requires that the state utilize the ‘least intrusive’ means to satisfy its interest. [Citation.]” (Wood, supra, 166 Cal.App.3d at p. 1148 .) In Cross, the court concluded that although the requirement that the Board proceed in the least intrusive manner meant that it had to first “pursue voluntary means of obtaining the information sought before resorting to compulsory process,” it did not “impose[] . . . a strict narrow tailoring requirement . . . .” (Cross, supra, 11 Cal.App.5th at p. 329 .) Rather, “information demanded by an administrative subpoena in a case like this must be ‘“relevant

12019–2019
Cross v. Superior Court of Los Angeles County green
calctapp · 2017
2 sentences

2019It requires that the state utilize the ‘least intrusive’ means to satisfy its interest. [Citation.]” (Wood, supra, 166 Cal.App.3d at p. 1148 .) In Cross, the court concluded that although the requirement that the Board proceed in the least intrusive manner meant that it had to first “pursue voluntary means of obtaining the information sought before resorting to compulsory process,” it did not “impose[] . . . a strict narrow tailoring requirement . . . .” (Cross, supra, 11 Cal.App.5th at p. 329 .) Rather, “information demanded by an administrative subpoena in a case like this must be ‘“relevant

2019The subpoenas only sought information that was “‘relevant and material’” (Cross, supra, 11 Cal.App.5th at p. 329 ) to the Board’s investigation.

12019–2019

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (4) CA § Cal. Penal Code § 1203.067 (4) CA § Cal. Government Code § 12900 (3) CA § Cal. Penal Code § 290.03 (3) CA § Cal. Penal Code § 290.09 (3) CA § Cal. Penal Code § 3008 (3) CA § Cal. Penal Code § 9003 (3) USC § 42u.s.c.2000e-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 9 (2014–2026) NY 8 (2006–2025) TX 6 (2008–2016) PA 6 (2016–2019) NJ 5 (1998–2019) FL 4 (2003–2005) IL 4 (2006–2020) MN 3 (1994–2014) IN 3 (2007–2011) WI 3 (1993–2026) GA 2 (2024–2024) NM 2 (2016–2016) CO 2 (2004–2012) MD 2 (2007–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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