146 Florida cases classified under this topic, plus 738 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Florida's Senate Bill 1438 criminalized knowingly admitting children to "adult live performances," including those depicting "lewd conduct," but the Eleventh Circuit Court of Appeals held the law was likely unconstitutional on its face because the vague definition of "lewd conduc
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The court held that genuine factual issues exist regarding racial gerrymandering of District 16, but not for District 18, and dismissed one plaintiff for lack of standing.
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The court held that the state's actions in threatening broadcasters with prosecution for airing a political advertisement constituted unconstitutional coercion and viewpoint discrimination, violating the First Amendment.
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Father challenged the termination of his parental rights under Florida Statute § 39.806(1)(f), which permits termination based on egregious abuse of a sibling. The Third District Court of Appeal affirmed the termination, holding that the statute survives strict scrutiny as narrow
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The Florida Third District Court of Appeal affirmed a lower court decision terminating parental rights under section 39.806(1)(f), upholding the statute's constitutionality against strict scrutiny review and rejecting insufficiently argued appellate claims.
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The court granted plaintiffs' motion for an indicative ruling, stating it would clarify its prior summary judgment order to explicitly confirm that the In-Office Restrictions violated the First Amendment's overbreadth doctrine.
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The Delaware bail system, as reflected in Chapter 21 of Title 11 of the Delaware Code and related rules, does not violate the Equal Protection Clause of the Fourteenth Amendment. It also does not violate the Due Process Clause of the Fourteenth Amendment, provided that courts imp
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The Court held that the indefinite detention of an incompetent criminal defendant under Delaware statutes 11 Del. C. §§ 403 and 404 is unconstitutional as applied to defendants unlikely to be restored to competency in the foreseeable future. The statutory release procedure under
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The Court adopts the Magistrate Judge's Report and Recommendation, granting Plaintiffs' motion for a preliminary injunction because Plaintiffs have standing and are substantially likely to succeed on their claim that the City of Miami engaged in racial gerrymandering.
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A juvenile's right to be physically present at an adjudicatory hearing requires a knowing, intelligent, and voluntary waiver, which cannot be satisfied by mere technical difficulties during remote participation.
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The court held that plaintiffs René Garcia and Javier Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions.
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Pain Management Consultants sent unsolicited faxes advertising telemedicine services to Scoma Chiropractic in violation of the TCPA's junk fax provision, and Scoma sought class certification to represent recipients of those faxes. The court held that the TCPA's junk fax provision
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The court denied the motion to certify an interlocutory appeal because the defendant failed to demonstrate a substantial ground for difference of opinion on the controlling questions of law.
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The court held that the plaintiffs failed to show that Georgia's print date for paper backup voter lists imposed a severe burden on the right to vote, and thus the State's administrative concerns justified the current policy. The court dismissed the appeal regarding scanner setti
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The court denied the motion to dismiss, holding that the Florida Telephone Solicitation Act (FTSA) is not unconstitutionally vague and does not violate the First Amendment.
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The court held that the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA) apply to text messages, and the FTSA is constitutional. Therefore, the defendant's motion to dismiss was denied.
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The court held that a federal habeas petitioner challenging unaffordable bail must demonstrate the trial court's ruling was not rationally related to a legitimate government interest, and that the state court complied with procedural due process by considering less restrictive al
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Artists McGriff, Yearwood, Jackson, and Guerrero contracted with Miami Beach to create and curate art installations for the ReFrame Miami Beach cultural programming event during Memorial Day weekend 2019, including an installation called "I See You, Too" that featured a memorial
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Military service members and federal contractor employees with sincere religious objections to COVID-19 vaccination challenged DoD and executive order vaccine mandate requirements under federal law and the First Amendment. The district court granted preliminary injunction relief
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M.D. Fla.·
2021-09-30
Plaintiffs Craig and Yvonne Davis sued Little Giant Ladder Systems, LLC (formerly Wing Enterprises, Inc.) for injuries from a defective Velocity Model 22 ladder that failed when Craig Davis used it to hang Christmas lights in December 2018, seeking damages under theories of negli
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The appellate court reversed a conviction for violating a panhandling ordinance, agreeing with the State that the ordinance could not withstand strict scrutiny under the First Amendment. The court found the trial court erred in denying the motion to dismiss.
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Florida's ban on written or electronic advertisements encouraging consumers to contact contractors or public adjusters regarding insurance claims for roof damage violates the First Amendment as an impermissible restriction on commercial speech that fails intermediate scrutiny. Th
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The court held that certain provisions of Florida's social media law are likely preempted by federal law (47 U.S.C. § 230) or violate the First Amendment, warranting a preliminary injunction against their enforcement.
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A white Florida farmer challenged Section 1005 of the American Rescue Plan Act, which provides debt relief to socially disadvantaged farmers and ranchers (SDFRs) defined by race, claiming the race-based relief violates his equal protection rights under the Fifth Amendment. The di
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The court held that the Florida Administrative Code Rule 33-501.301(3)(d), which provides interpreters for languages spoken by 5% or more of the inmate population, does not violate the Equal Protection Clause because it is rationally related to a legitimate penological interest a
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The court held that the town's ordinance banning portable signs is a content-neutral regulation that does not violate the First Amendment or the Equal Protection Clause, and thus denied the motion for a preliminary injunction.
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A state legislator blocked a private citizen from his official social media accounts in response to criticism of his legislative votes, and the court held that while the official capacity claim failed, the individual capacity First Amendment claim proceeded to trial because a fac
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A reasonable trier of fact could conclude that the fax sent was an unsolicited advertisement under the TCPA, and the court declines to reach the constitutional challenge at the pleading stage.
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The court granted the defendant's motion to dismiss, finding the county's curfew order was not preempted by state law, not an ultra vires act, and that plaintiffs failed to adequately allege municipal liability for Fourth Amendment violations.
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A digital advertising business owner challenged a city ordinance prohibiting signs on waterways, arguing it violated the First Amendment by granting city officials unbridled discretion to grant exemptions without objective criteria. The court ruled that the ordinance was an uncon
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Jesse Moody, an inmate at a Florida jail, sued jail officials under 42 U.S.C. § 1983 alleging they violated his constitutional rights by subjecting him to unlawful conditions of confinement including overcrowding, unsanitary facilities, poor air circulation, pest infestation, and
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The court found that the Secretary of State's failure to maintain a functional voter registration website and her subsequent limited deadline extension, with insufficient notice, likely violated constitutional rights. The court also determined that the organizational plaintiffs h
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B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
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The court held that the plaintiff failed to state an access to courts claim and that claims based on 2011 actions were time-barred, but the equal protection claim could proceed.
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Florida voters amended the state constitution in 2018 to automatically restore voting rights to most felons "upon completion of all terms of sentence including parole or probation," but the Florida Legislature enacted a statute implementing this amendment to require payment of fi
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Gainesville Woman Care and Medical Students for Choice challenged a 2015 Florida amendment requiring a 24-hour waiting period between informed consent and abortion procedures as violating the Florida Constitution's right of privacy. The trial court granted summary judgment in app
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T.L. petitioned for a writ of prohibition or habeas corpus challenging a circuit court's ex parte order authorizing law enforcement to transport her for involuntary substance abuse assessment and stabilization under Florida's Marchman Act. The court initially denied the petition
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The court granted a temporary restraining order, finding Florida's voter registration deadline unconstitutional as applied due to Hurricane Matthew, and extended the deadline.
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The court denied the school district's motion to dismiss, finding that the plaintiffs' complaint stated valid claims under both federal and state law. The court held that the district's actions, including targeted get-out-the-vote efforts, providing rewards for voting, and engagi
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15th Cir. Ct. App. Div.·
2015-06-23
Citizens Property Insurance Corporation sought a writ of certiorari to challenge a trial court's discovery order compelling an independent insurance adjuster to disclose confidential communications with Citizens' counsel. The appellate court held that the adjuster was an agent of
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The court held that Florida's stalking statute, Fla. Stat. § 784.048, is not facially unconstitutional due to overbreadth. The statute primarily regulates conduct, and the plaintiff failed to demonstrate a substantial number of unconstitutional applications of protected speech.
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The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
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A juvenile was arrested for trespassing in a city park during daylight hours, after having been detained and warned by officers the previous evening when the park was closed. The court reversed the conviction, holding that the juvenile's lawful presence in the open park could not
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The Court affirmed that the statute prohibiting government employees from engaging in political activity at work does not violate the First Amendment. However, the Court reversed and remanded the case to consider what constitutes 'political activity' under the statute and whether
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238 F. Supp. 2d 325·
S.D. Fla.·
2012-08-31
Florida regulations classifying U.S. citizen students as out-of-state based on their parents' undocumented immigration status violate the Equal Protection Clause of the Fourteenth Amendment.
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The court held that the statute terminating permanent total disability benefits based on age is constitutional and does not violate the right of access to courts, as it survives rational basis review.
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The State appeals a trial court order suppressing pharmacy records containing controlled substance prescriptions obtained from multiple pharmacies without a warrant. The Second District Court of Appeal reverses, holding that Florida Statute § 893.07(4) authorizes law enforcement
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Defendant Jones challenged the constitutionality of 21 U.S.C. § 841, which imposes a mandatory minimum five-year sentence for distributing five or more grams of crack cocaine, arguing the 100:1 sentencing ratio between crack and powder cocaine violates the Eighth Amendment's Crue
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The court denied the defendant's motions, holding that he had standing to challenge the statute and that 21 U.S.C. § 841 is constitutional under the Eighth and Fifth Amendments.
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Robert Brayshaw posted truthful, publicly available personal information about a Tallahassee police officer on Ratemycop.com and was arrested under Florida Statute § 843.17, which criminalizes publishing law enforcement officers' addresses or phone numbers with intent to intimida