Freedom Of Assembly

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

• Impeach Nixon Comm. & Lynne Heidt v. Buck
  498 F.2d 37· 7th Cir.· 1974-04-23 ·cited 4×
  The court held that the CTA's denial of the plaintiffs' advertisement was likely unconstitutional, and a preliminary injunction should issue.
• United States Servicemen's Fund v. Shands
  440 F.2d 44· 4th Cir.· 1971-03-11 ·cited 4×
  Public officials managing public facilities cannot deny rental based on the philosophical or ideological content of a proposed program.
• United States v. Pipefitters Local Union NO. 562
  434 F.2d 1127· 8th Cir.· 1970-11-24 ·cited 4×
• Hamer v. Musselwhite
  376 F.2d 479· 5th Cir.· 1967-05-05 ·cited 4×
  The court held that the ordinance prohibiting parades on specific streets was not unconstitutional on its face or as applied, as it balanced First Amendment rights with the municipality's need to control traffic.
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• State ex rel. John B. Meredith & M. C. Driggers v. Borman
  138 Fla. 149· Fla.· 1939-05-19 ·cited 3×
  The Florida Supreme Court held that a Palm Beach ordinance prohibiting picketing and assembly to induce others to refrain from patronizing a business was unconstitutional as beyond the town's charter power to regulate peaceable assembly and free speech. The ordinance was void bec
• First Vagabonds Church of God v. City
  578 F. Supp. 2d 1353· M.D. Fla.· 2008-09-26 ·cited 2×
  The court held that the City's Large Group Feeding Ordinance violates the First Amendment's Free Speech Clause by unduly restricting expressive conduct and violates the Free Exercise Clause by lacking a rational basis. The court permanently enjoined enforcement of the ordinance a
• Michel-Trapaga v. City of Gainesville
  907 F. Supp. 1508· N.D. Fla.· 1995-12-06 ·cited 2×
  The court held that the city's Event Policy, as applied, constituted an unconstitutional prior restraint on speech and assembly, and granted the preliminary injunction.
• Renetha C. Wyche v. State
  619 So. 2d 231· Fla.· 1993-03-25 ·cited 2×
  The Florida Supreme Court held that Tampa's loitering ordinance targeting persons suspected of prostitution is unconstitutional on its face because it is overbroad, vague, violates substantive due process, and imposes penalties exceeding those in comparable state statutes. The Co
• Hillegas v. Sams
  349 F.2d 859· 5th Cir.· 1965-08-16 ·cited 2×
  The court held that deliberate, purposeful use of state criminal machinery to deny constitutional rights constitutes an "extraordinary" case justifying pre-trial federal habeas relief, despite prior rulings to the contrary.
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Rauen v. City of Miami
  613 F. Supp. 2d 1324· S.D. Fla.· 2007-09-17 ·cited 1×
  The court held that genuine issues of material fact exist regarding First Amendment claims, precluding summary judgment, but granted summary judgment on Fourth Amendment claims because the plaintiffs were not 'herded' as alleged.
• Matthews v. City OF Maitland
  923 So. 2d 591· Fla. 5th DCA· 2006-03-24 ·cited 1×
  Petitioners challenged trial court orders compelling disclosure of names of contributors to a litigation fund and website opposing a city development project. The court granted certiorari, holding that disclosure was irrelevant to the issues in the case and would chill First Amen
• Dalrymple v. Reno
  164 F. Supp. 2d 1364· S.D. Fla.· 2001-10-01 ·cited 1×
  The court held that claims against Meissner and Holder were dismissed for failure to allege personal liability, and that plaintiffs sufficiently pleaded claims for First Amendment violations and Fourth Amendment seizures, but not Fifth Amendment substantive due process violations
• In re Covid-Related Restrictions on Religious Servs. C.A. No. N23c-01-123 MAA
  Del. Super. Ct.· 2023-08-28
  The Delaware Superior Court granted the Governor's motion to dismiss. The court held that the Governor is entitled to qualified immunity from damages for alleged violations of the U.S. Constitution because the law was not clearly established regarding the constitutionality of COV
• Fla. Carry, Inc. v. City of Miami Beach
  S.D. Fla.· 2021-09-30
  Florida Carry, a gun rights advocacy group, challenged the police detention and disarming of its members during a June 2018 "open carry" event on a Miami Beach pier, bringing federal civil rights claims under the Fourth and First Amendments and Section 1983. The court granted sum
• Oakes v. Collier Cnty.
  M.D. Fla.· 2021-01-27
  The court held that the County's mask mandate (Order 7) did not violate the Equal Protection Clause, as it was rationally related to a legitimate governmental interest and the classification between incorporated and unincorporated areas was not irrational. The court also found th
• Chabad of Nova, Inc. v. City of Cooper City
  575 F. Supp. 2d 1280· S.D. Fla.· 2008-07-29
  The court held that the plaintiff had standing to challenge zoning restrictions on religious assemblies in business districts but not in other districts for certain claims. The court found the pre-October 2006 zoning code imposed unreasonable limitations on religious assemblies'
• Abad v. City of Marathon
  472 F. Supp. 2d 1374· S.D. Fla.· 2007-02-08
  The court held that the plaintiff's speech involved a matter of public concern and his free speech interest outweighed the employer's, but granted qualified immunity to defendant Puto because the plaintiff's rights were not clearly established. Summary judgment was denied for cla
• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• The Nationalist Movement v. The City OF Cumming
  934 F.2d 1480· 11th Cir.· 1991-07-05
  The en banc court reinstated the panel's decision, holding that the county ordinance's fee provision was facially invalid because it could result in the imposition of more than a nominal fee for exercising First Amendment rights.
• Warna Irene Lewis v. Pearson Found., Inc.
  908 F.2d 318· 8th Cir.· 1990-07-10
  The dissenting judge believes the plaintiff failed to state a claim under 42 U.S.C. § 1985(3) because she did not show state involvement in the alleged conspiracy, which is necessary when the right violated is protected only against governmental interference.
• Mescall v. Rochford
  655 F.2d 111· 7th Cir.· 1981-07-28
  The court concurred that the regulation is unconstitutional due to overbreadth and arbitrariness.
• Cole v. Purdy
  41 Fla. Supp. 86· Dade Cty. Cir. Ct.· 1974-07-31
  A probationary police officer was unconstitutionally discharged without a pre-dismissal hearing, with at least one stated reason being his constitutionally protected First Amendment activities during a campus demonstration. The court ordered reinstatement with back pay.
• Or. Rest. & Bev. Ass'n v. United States
  429 F.2d 516· 9th Cir.· 1970-07-02
  The court held that the appellants' conduct, aimed at stopping all 'off the dock' beer sales, violated Section 1 of the Sherman Act, regardless of whether some of those sales were illegal.
• Maxwell v. Southern Christian Leadership Conference
  414 F.2d 1065· 5th Cir.· 1969-09-02
  The court held that the defendant's actions in promoting a demonstration did not constitute the proximate cause of the plaintiff's injuries, as the intervening violence was a spontaneous outburst.
• Rogers v. The City OF Tuscaloosa & the State of Ala.
  353 F.2d 78· 5th Cir.· 1965-11-18
  The court held that allegations of arrests made to suppress constitutionally protected rights satisfy the requirements for removal to federal court under 28 U.S.C.A. § 1443(1).
• Tallahassee Theatres, Inc. v. DUE
  22 Fla. Supp. 55· Leon Cty. Cir. Ct.· 1963-12-05
  In this 1963 case, a Florida circuit court granted a permanent injunction against civil rights protesters demonstrating at segregated movie theaters in Tallahassee. The court balanced the theaters' property rights and freedom from interference against the protesters' constitution
• City of Fort Lauderdale v. Nat'l Ass'n for the Advancement OF Colored People
  20 Fla. Supp. 104· Broward Cty. Cir. Ct.· 1962-07-11
  The City of Fort Lauderdale sought an injunction against the NAACP and individuals organizing "wade-ins" at a public beach, claiming these protests constituted a public nuisance and clear and present danger to peaceful beach use. The court dismissed the complaint against the NAAC