Freedom Of Assembly

181 Florida cases classified under this topic · sorted by citation count · browse and sort

• Grace v. Burger
  665 F.2d 1193· D.C. Cir.· 1981-09-08 ·cited 18×
  The dissenting judge believes that section 13k, when reasonably construed, is constitutional and serves a legitimate governmental interest in maintaining order and the appearance of justice at the Supreme Court. The judge disagrees with the majority's finding of facial unconstitu
• Chess v. Widmar
  635 F.2d 1310· 8th Cir.· 1980-08-04 ·cited 18×
  The dissenting judges believe the case warrants a rehearing en banc due to the panel's alleged misinterpretation of Missouri constitutional provisions regarding separation of church and state.
• Concerned Jewish Youth v. McGUIRE
  621 F.2d 471· 2d Cir.· 1980-03-27 ·cited 18×
  The court held that the police's broad, unspecific restrictions on First Amendment activity, based on an outdated order and without individualized assessment, constituted an unlawful prior restraint and violated constitutional rights.
• A Quaker Action Grp. v. Hickel
  429 F.2d 185· D.C. Cir.· 1970-02-10 ·cited 18×
  The District Court erred in granting summary judgment, as issues regarding the constitutionality and discriminatory administration of picketing regulations require a full trial on the merits.
• Rev. Robert Hunter v. Allen
  422 F.2d 1158· 5th Cir.· 1970-01-20 ·cited 18×
• Wright v. The City OF Montgomery
  406 F.2d 867· 5th Cir.· 1969-01-27 ·cited 18×
  The court held that the Montgomery ordinances for Disorderly Conduct, Loitering, and Failure to Obey are constitutional on their face, as interpreted by Alabama courts, and thus federal injunctive relief is not warranted.
• Satan Fraternity v. THE Bd. OF Pub. Instruction for the Cnty. of Dade
  156 Fla. 222· Fla.· 1945-07-24 ·cited 18×
  The Florida Supreme Court upheld a 1943 state statute banning fraternities, sororities, and other secret organizations in public schools, rejecting constitutional challenges based on due process, freedom of assembly, and free speech. The court held that attendance at public schoo
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. LEE
  925 F.2d 576· 2d Cir.· 1991-02-08 ·cited 17×
  The court denied rehearing en banc.
• Schultz v. Frisby
  807 F.2d 1339· 7th Cir.· 1986-12-08 ·cited 16×
  The dissenting judge argues that the town's ordinance prohibiting residential picketing is a valid content-neutral time, place, and manner regulation that balances the right to privacy against free speech rights.
• Finzer v. Barry
  798 F.2d 1450· D.C. Cir.· 1986-08-19 ·cited 16×
  The dissent argues that the statute's ban on demonstrations that hold foreign governments up to public odium or disrepute violates the First Amendment because the asserted interest in preserving embassy 'dignity' is not a compelling interest sufficient to override free speech rig
• Guyot v. Pierce
  372 F.2d 658· 5th Cir.· 1967-02-14 ·cited 16×
  The court held that Section 135 of the Uniform Traffic Regulation Code of the City of Jackson, Mississippi, is unconstitutionally void on its face due to vagueness and overbreadth.
• Nat'l Labor Relations Bd. v. Stowe Spinning Co.
  165 F.2d 609· 4th Cir.· 1947-12-22 ·cited 16×
  The court held that compelling employers to allow union use of private facilities for organizing, when no other public space is available, constitutes an unconstitutional taking of property and violates the employer's property rights. However, the court found substantial evidence
• Purdy v. Cole
  317 So. 2d 820· Fla. 3d DCA· 1975-07-22 ·cited 14×
  Cole, a probationary police officer, was terminated without a hearing based on alleged falsifications in his employment application, including omissions regarding prior rejected applications and participation in constitutionally protected anti-police demonstrations. The appellate
• Addie Sue Brown v. City OF Meridian
  356 F.2d 602· 5th Cir.· 1966-01-26 ·cited 14×
  The court held that lodging removal petitions with the district court clerk before trial was timely, and the petitions sufficiently stated a removable case under federal civil rights statutes.
• Douglas v. City OF Jeannette
  130 F.2d 652· 3d Cir.· 1942-08-31 ·cited 14×
  The dissenting judge would reverse the lower court's decree and remand with directions to dismiss the complaint for want of jurisdiction.
• Saied Parcham v. Immigr. & Naturalization Serv.
  769 F.2d 1001· 4th Cir.· 1985-08-13 ·cited 12×
  The dissenting judge argues that the Board of Immigration Appeals (BIA) abused its discretion by affirming the immigration judge's decision, which improperly considered the alien's nationality and exercise of First Amendment rights.
• Private Frank L. Huff v. Secretary OF the Navy
  575 F.2d 907· D.C. Cir.· 1978-03-15 ·cited 12×
  The dissenting judge would hold that multi-signature petitions are not protected communications under 10 U.S.C. § 1034 and that regulations requiring prior review are necessary for national security.
• Donohoe v. Duling
  465 F.2d 196· 4th Cir.· 1972-08-01 ·cited 12×
  The court held that the plaintiffs lacked standing because they failed to demonstrate a specific present objective harm or a threat of future harm resulting from the police surveillance and photography practices.
• Blasecki v. City OF Durham
  456 F.2d 87· 4th Cir.· 1972-03-02 ·cited 12×
  A city ordinance limiting public assembly in a congested downtown park to 50 people is constitutional, as the city has a compelling interest in public safety and order, and the limitation is reasonably necessary.
• Morgan v. Rhodes
  456 F.2d 608· 6th Cir.· 1972-02-15 ·cited 12×
  The court held that a claim challenging the training, weaponry, and orders of the National Guard, which allegedly makes inevitable the use of force, presents a non-justiciable political question and fails to state a claim upon which relief can be granted.
• Halvonik v. Reagan
  457 F.2d 311· 9th Cir.· 1972-02-09 ·cited 12×
  The court held that the case was rendered moot because the challenged regulations were rescinded and the extreme circumstances that led to their promulgation were unlikely to recur.
• Joint Anti-Fascist Refugee Comm. v. Clark
  177 F.2d 79· D.C. Cir.· 1949-08-11 ·cited 12×
  The court held that the complaint did not present a justiciable controversy, as the Attorney General's designation and the Executive Order imposed no direct legal obligations or restraints on the Committee, and thus dismissal was proper.
• Cispes (Committee IN Solidarity With the People of EL Salvador) v. Fed. Bureau OF Investigation
  770 F.2d 468· 5th Cir.· 1985-09-09 ·cited 11×
  The court held that the statute protecting foreign officials is constitutional, neither vague nor overbroad, and affirmed the district court's dismissal of all claims.
• Itasca Lodge 2029 v. Ry. Express Agency Inc.
  391 F.2d 657· 8th Cir.· 1968-03-27 ·cited 11×
  The court held that a federal district court has the authority to issue an injunction to prevent a work stoppage over a 'minor dispute' under the Railway Labor Act, even if the dispute has not yet been formally submitted to the National Railroad Adjustment Board, to protect the B
• Gregoire v. Centennial Sch. Dist. & White
  907 F.2d 1366· 3d Cir.· 1990-06-22 ·cited 10×
  The court should conclude that Centennial established a nonpublic forum, applying lowered scrutiny to Student Venture's exclusion. The exclusion of Student Venture from the auditorium is reasonable and not an effort to suppress expression.
• Cmty. Action Grp. v. City OF Columbus
  473 F.2d 966· 5th Cir.· 1973-02-06 ·cited 10×
  The court held that the district court's findings of fact were not clearly erroneous and that federal courts should not intervene in pending state court proceedings absent exceptional circumstances.
• People Acting Through Community Effort v. Doorley
  468 F.2d 1143· 1st Cir.· 1972-11-15 ·cited 10×
  The court held that the ordinance's exception for labor picketing while prohibiting other residential picketing violates the Equal Protection Clause.
• Am. Comm. for Prot. of Foreign Born v. Subversive Activities Control Bd.
  331 F.2d 53· D.C. Cir.· 1963-12-17 ·cited 10×
  The court should have set aside the Board's order because the government failed to prove by a preponderance of the evidence that the American Committee for Protection of Foreign Born was primarily operated for the purpose of aiding the Communist Party's objectives.
• Gibson v. Fla. Legis. Investigation Comm.
  126 So. 2d 129· Fla.· 1960-12-19 ·cited 10×
  The Florida Supreme Court upheld a contempt of court conviction against Theodore Gibson, president of the NAACP's Miami branch, for refusing to produce the organization's membership list for a legislative investigation committee's use in verifying his testimony about alleged Comm
• Whitehead v. Miami Laundry Co.
  160 Fla. 667· Fla.· 1948-07-09 ·cited 10×
  Miami Laundry Company sought to enjoin union representatives and former employees from picketing and announcing a strike. The Florida Supreme Court reversed the injunction, holding that peaceful picketing and persuasion are protected forms of free speech under the U.S. Constituti
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Messiah Baptist Church v. The Cnty. OF Jefferson
  859 F.2d 820· 10th Cir.· 1988-10-06 ·cited 8×
  The dissent argues that zoning regulations prohibiting or unduly restricting places of worship on private property violate the First Amendment's Free Exercise Clause, speech, and assembly rights.
• Sadegh Shamloo v. Miss. State Bd. OF Trs. OF Insts. OF Higher Learning
  620 F.2d 516· 5th Cir.· 1980-07-02 ·cited 8×
  University regulations that restrict student demonstrations to 'activities of a wholesome nature' are unconstitutionally vague and an impermissible content-based restriction on speech, violating the First Amendment.
• State v. Simpson
  347 So. 2d 414· Fla.· 1977-06-02 ·cited 8×
  The Florida Supreme Court upheld the constitutionality of Florida's unlawful assembly statute (Section 870.02) against First Amendment challenges, but reversed the dismissals on the grounds that the informations were inadequately drawn. The Court adopted a restrictive common law
• Healy v. James
  445 F.2d 1122· 2d Cir.· 1971-07-15 ·cited 8×
  The court held that the college president acted within his broad discretion in denying official recognition to a student organization, as the students failed to comply with college policies and procedural due process requirements.
• Sword v. FOX
  446 F.2d 1091· 4th Cir.· 1971-07-01 ·cited 8×
  A state-supported college may constitutionally prohibit demonstrations within its buildings, provided the regulation is reasonable and does not discriminate.
• Lange v. United States
  443 F.2d 720· D.C. Cir.· 1971-03-22 ·cited 8×
  The Court held that the Court of General Sessions had jurisdiction over misdemeanors punishable by fine and imprisonment, and that the evidence was insufficient to support a conviction for obstructing a public building.
• United States v. Matthews
  419 F.2d 1177· D.C. Cir.· 1969-11-10 ·cited 8×
  The court held that the D.C. anti-riot statute is not unconstitutionally vague and that a person can be found to have "engaged in" a riot by looting property known to be stolen during the disturbance, thereby aiding and abetting the riot.
• United States v. Hauck
  155 F.2d 141· 2d Cir.· 1946-04-02 ·cited 8×
  The court held that evidence of membership and activities in the German-American Bund, without more, is insufficient to prove that an oath of allegiance was taken with a fraudulent mental reservation, especially when the trial was conducted with excessive partisanship.
• Johnston v. Koppes
  850 F.2d 594· 9th Cir.· 1988-06-30 ·cited 6×
  The court held that the denial of summary judgment was proper because triable issues of fact remained regarding whether the plaintiff's First Amendment rights were violated and whether the defendants were entitled to qualified immunity.
• Pursley v. City OF Fayetteville
  820 F.2d 951· 8th Cir.· 1987-06-10 ·cited 6×
  The dissenting judge believes the residential picketing ordinance is constitutionally valid and not facially overbroad.
• Calhoun v. City OF Meridian
  355 F.2d 209· 5th Cir.· 1966-01-26 ·cited 6×
  The Court held that removal petitions filed after an appeal from a police court conviction and before a de novo trial in a state court of record are timely under 28 U.S.C. § 1446(c), and that the petitions sufficiently alleged denial of civil rights.
• United States v. Painters Local Union NO. 481
  172 F.2d 854· 2d Cir.· 1949-02-08 ·cited 6×
  The court held that the expenditures made by the labor union for a political advertisement and radio broadcast did not violate the amended Section 313 of the Federal Corrupt Practices Act.
• Sellers v. Johnson
  163 F.2d 877· 8th Cir.· 1947-10-20 ·cited 6×
  Depriving individuals of constitutional rights based on anticipated disorder from community hostility is impermissible, especially when authorities fail to provide protection.
• J.L.S. v. State
  947 So. 2d 641· Fla. 3d DCA· 2007-01-24 ·cited 5×
  J.L.S., a juvenile, challenged his delinquency adjudication for trespass in a school safety zone under Florida Statute § 810.0975(2)(b) on facial constitutional grounds. The court rejected overbreadth, vagueness, and substantive due process challenges, affirming that the statute
• Bischoff v. Florida
  242 F. Supp. 2d 1226· M.D. Fla.· 2003-01-03 ·cited 5×
  The court adopted the Magistrate Judge's recommendation, finding the contested statutes unconstitutional and that the plaintiffs had standing.
• Johnson v. Carson
  569 F. Supp. 974· M.D. Fla.· 1983-03-08 ·cited 5×
  The court held that the Municipal Ordinance § 330.107 of the City of Jacksonville is unconstitutionally overbroad because it prohibits constitutionally protected conduct, such as freedom of association and movement, in violation of the First Amendment.
• Lamb's Chapel & John Steigerwald v. Ctr. Moriches Union Free Sch. Dist. & Louise Tramontano
  959 F.2d 381· 2d Cir.· 1992-03-18 ·cited 4×
  A school district may deny access to its facilities for religious speech when those facilities are classified as limited public forums and the denial is viewpoint-neutral, consistent with state law and district policy.
• Ackley v. Western Conference OF Teamsters
  958 F.2d 1463· 9th Cir.· 1992-02-21 ·cited 4×
  The LMRDA does not require union leaders to fully disclose all terms of a collective bargaining agreement before ratification, nor does it impose minimum disclosure requirements when no statutorily created right to vote exists.
• Stonewall Union & Craig Covey v. City OF Columbus
  931 F.2d 1130· 6th Cir.· 1991-05-06 ·cited 4×
  The court held that the City of Columbus ordinance requiring fees for parade permits and police services is a constitutional time, place, and manner regulation, and that the fee structure is not discriminatory.