The court decides what is legal in the frame work of the constitution, it doesn't decide what is "compelling interest" anymore than a protest does. You can draft a law that is completely against any compelling interest as long as it is written in the right manner and doesn't violate constitutional laws.<quoted text>
First, the COURT decides "compelling interest", not the populace
A good example of this is attempts to ban violent video games in California, There is no empirical proof that shows that violent video games are harmful or not. But California created a law that attempted to ban them.
The only thing that prevented the law from standing was the fact it was poorly written, because it was too board in language on what was violent, the law that overturned. Compelling interest played no role at all, and if the law was written better, the law would have stood.