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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The court held that the Pennsylvania spousal notice requirement (§ 3209) is unconstitutional, but other challenged provisions of the Act are not.
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The court held that while the government can restrict expressive activity in nonpublic forums like the building interior and portico, it cannot prohibit sleeping in the unenclosed plaza if done as part of a protest, as this restriction was overbroad under strict scrutiny.
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The court held that the New Jersey Supreme Court Rule granting absolute immunity to ethics grievants is rationally related to the state's legitimate interest in regulating attorney conduct and does not violate federal constitutional rights. The court also affirmed the denial of t
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A city ordinance prohibiting door-to-door canvassing after 6:00 p.m. is not narrowly tailored to serve legitimate governmental objectives and thus violates the First Amendment rights of organizations like ACORN.
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The Florida Supreme Court upheld the constitutionality of the Law Enforcement Funds Act, which regulates solicitation of contributions on behalf of law enforcement organizations, while affirming the trial court's decision to strike down two fee-limitation provisions as unconstitu
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The court held that the denial of intervention in the first suit (United States v. City of Chicago) was affirmed, but the denial of intervention in the second suit (Bigby v. City of Chicago) was reversed, allowing white female sergeants to intervene. The appeal from the judge's r
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The statutory scheme allowing a city to unilaterally choose between state court condemnation proceedings (with jury trial and appeal rights) and Public Utilities Commission proceedings (without such rights) for similarly-situated utilities violates the Equal Protection Clause.
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The FCC's time-channeling regulation for dial-a-porn services is set aside because it is not narrowly tailored to serve a compelling governmental interest and less restrictive alternatives were not adequately considered.
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Washington's procedures for the commitment and release of insanity acquittees do not violate equal protection or due process rights, as the differences are substantially related to important governmental objectives and justifiable distinctions between the classes.
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The court held that broadcast licenses are not federal financial assistance under Section 504 of the Rehabilitation Act, and the FCC is not obligated to enforce Section 504 or incorporate its standards into the Communications Act. Furthermore, the district court lacked subject ma
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The court held that the creche is a purely Christian religious symbol, distinct from the secular aspects of the Christmas holiday.
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564 F.2d 602·
1st Cir.·
1977-10-31
·cited 22×
New Hampshire's gender-based statutory rape law violates the Fourteenth Amendment's Equal Protection Clause because the classification is not substantially related to important governmental objectives.
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The court held that the challenge to the Army's regulation barring enlistment of unwed parents is nonreviewable as a matter of law.
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The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
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Florida appeals the dismissal of lewdness charges against two exotic dancers who performed explicit sexual acts in a private room at an adult entertainment venue. The trial court had declared the lewdness statute unconstitutional on First Amendment, vagueness, overbreadth, and pr
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Lee County appealed a circuit court decision that granted Sunbelt Equities' petition for writ of certiorari challenging the county commission's denial of a rezoning application. The Second DCA adopted the functional analysis from Snyder v. Brevard County to classify site-specific
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The dissent argues that retained tribal sovereignty applies only to tribal members, and federal statutes do not grant tribes criminal jurisdiction over nonmember Indians, leading to potential discrimination.
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The Secretary's interpretation of 'permanently residing in the United States under color of law' is unreasonable as applied to asylum applicants awaiting a final decision, and these plaintiffs are eligible for benefits.
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The court held that the Equal Protection Clause applies to state tax revenue distribution, but the parish's exclusion of the Town of Ball from sales tax revenues had a rational basis, specifically the need to secure repayment of bonds.
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The court held that an airport ordinance requiring advance notice and identification for demonstrations is a valid restriction on First Amendment rights.
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The court held that the town's ordinance banning topless dancing in certain establishments was unconstitutionally overbroad and violated the Equal Protection Clause.
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The Florida Constitution's Privacy Clause does not guarantee a right to abortion and therefore does not invalidate a statute prohibiting abortions after 15 weeks of pregnancy. The Court receded from In re T.W. (1989) and related precedent that had recognized a broad right to abor
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The Florida Supreme Court resolved a conflict between two appellate court decisions regarding whether employers must demonstrate that funds are available from no other reasonable source before unilaterally modifying a collective bargaining agreement under the financial urgency st
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This landmark Florida case addresses whether two women in a same-sex relationship who conceived a child through in vitro fertilization—using one woman's genetic material implanted in the other—share parental rights. The court held that both the biological and birth mother have co
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J.P. challenges a Tampa juvenile curfew ordinance that prohibited minors under 17 from being in public places during specified nighttime hours. After initially upholding the ordinance under heightened scrutiny, the court reconsidered it under strict scrutiny as directed by the Fl
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761 So. 2d 1140·
Fla. 2d DCA·
2000-05-17
·cited 20×
The State appeals a trial court's decision declaring Pinellas Park's juvenile curfew ordinance unconstitutional as an infringement on parental rights. The appellate court reverses, holding that the ordinance withstands heightened constitutional scrutiny and is constitutional, tho
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604 So. 2d 459·
Fla.·
1992-07-23
·cited 20×
The Florida Supreme Court held that Florida's sales tax scheme, which exempts newspapers but taxes magazines, violates the First Amendment because it is content-based. However, the court reversed the trial court's remedy, holding that under Florida law the proper solution is to e
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The court held that res judicata does not bar Mann's claim and vacated the district court's summary judgment, remanding for further proceedings considering City of Richmond v. J.A. Croson Co.
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The court held that the Endangered Species Act and its regulations do not unconstitutionally deprive plaintiffs of property without due process or equal protection, nor do they constitute a taking without just compensation.
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Payments made to a church in exchange for specific services, set at fixed prices by the church, are not deductible as charitable contributions under Section 170 of the Internal Revenue Code because they represent quid pro quo transactions rather than gifts.
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The Florida Supreme Court affirmed a trial court decision striking down the citizenship requirement for notaries public under the Equal Protection Clause of the Fourteenth Amendment. The court held that because notary public duties are ministerial in nature and do not involve for
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The court affirmed the district court's decisions holding substantial portions of the Illinois Abortion Act of 1975 and the Illinois Abortion Parental Consent Act of 1977 unconstitutional.
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The court held that Florida's candidate filing fee statutes were constitutional as applied to candidates able but unwilling to pay, and that plaintiffs lacked standing to assert the rights of indigent candidates.
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The Florida Supreme Court affirmed a lower court decision invalidating a provision of the Mark Wandall Traffic Safety Program as applied to short-term vehicle renters cited for red light camera violations. The statute unconstitutionally treated short-term renters differently than
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The Florida Second District Court of Appeal reversed a trial court's denial of the Department of Children and Family Services' petition to terminate parental rights to twin infants and sua sponte placement in permanent guardianship with maternal grandparents. The court held that
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Montgomery challenges Florida's noise statute (Fla. Stat. § 316.3045) as unconstitutionally vague and overbroad after being stopped for playing loud music from his car, during which police discovered drugs. The Fifth District held the statute is not vague but is unconstitutionall
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D.P., a juvenile, challenged the facial constitutionality of Dade County's anti-graffiti ordinance that restricts minors' possession of spray paint and broad-tipped markers without adult supervision or property owner consent. The Third District Court of Appeal upheld the ordinanc
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The court held that the relationship between gender of station owners and diversity in programming was not substantial enough to justify a gender-based distinction that would otherwise offend the Constitution's equal protection principles.
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The FCC's minority distress sale program violates the Equal Protection Clause of the Fifth Amendment because it is not narrowly tailored to achieve its stated goals of remedying past discrimination or promoting programming diversity. The program unduly burdens innocent non-minori
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The court held that the majority failed to apply the correct legal standards and strict scrutiny to the City of Dallas's licensing ordinance for sexually oriented businesses, particularly concerning procedural safeguards and substantive provisions.
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Federal rules prohibiting electronic media coverage of criminal trials do not violate the First or Sixth Amendments.
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The court affirmed the denial of the summary judgment and preliminary injunction motions, and denied the stay of execution because the appellant failed to show a substantial likelihood of success on the merits of his claims.
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Jermaine Jackson appealed his life sentence for armed robbery with a firearm while wearing a mask, challenging the imposition of costs and the constitutionality of Florida's Youthful Offender Act as amended in 2008. The court reversed and remanded regarding the costs imposed but
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Kuvin challenges a municipal zoning ordinance prohibiting overnight parking of trucks in residential areas unless garaged, arguing it violates his First Amendment right of freedom of association and is unconstitutionally vague. The Florida District Court of Appeal affirms the ord
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Keith Norwood Smith challenged a trial court's blanket denial of his objections to answering deposition questions in a sexually violent predator (SVP) civil commitment proceeding, claiming violations of his Fifth Amendment self-incrimination rights, privacy rights, and equal prot
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659 So. 2d 1297·
Fla. 1st DCA·
1995-09-05
·cited 18×
The court held that the 78-week limitation on wage loss benefits under section 440.15(3)(b)4.d.(III) is a cumulative limit, not an uninterrupted consecutive period. Constitutional challenges to the statute were found without merit.
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The court held that section 339.0805, Florida Statutes, is a constitutional grant of discretion to the Secretary of DOT, not an unlawful delegation of legislative authority.
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The court held that the strict scrutiny standard was correctly applied to inmate correspondence and marriage regulations, and that the regulations were unconstitutional as applied or on their face.
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The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.