(idea) by CrisisAverted Thu Apr 04 2002 at 18:56:08
The balancing test is an idea that there is a trade off between constitutionally guaranteed rights, and national security. The test can be 'loaded' either to heavily support state action, by giving great weight to national security, or by giving great weight to individual freedom.

Some try to weigh the probability of action with the potential damage that the action would create if effective to determine if it should be a protected freedom.

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