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 FCC's regulations establishing defenses to prosecution under section 223(b) for dial-a-porn services, including access codes and scrambling, are a feasible and effective method for restricting minors' access to obscene telephone messages without unreasonab
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The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
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The Florida Supreme Court upheld Metropolitan Dade County's ordinance prohibiting age discrimination in housing, rejecting the argument that White Egret Condominium established an unconstitutional restraint on property rights. However, the Court invalidated the administrative awa
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The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
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The dissenting judge argues that the Fire Department's affirmative action plan is a permissible remedial measure consistent with Title VII and the Constitution, aimed at correcting the lingering effects of past discrimination.
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The court held that Section 768.56, Florida Statutes, is not facially unconstitutional as it does not violate equal protection, due process, or access to the courts.
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The court held that the Secretary's failure to provide notices and services in Spanish does not violate Title VI of the Civil Rights Act of 1964 or the constitutional rights to due process and equal protection.
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The court held that the school board's voluntary racial stabilization quota plans, as modified to include busing, were constitutionally permissible and did not violate the Fourteenth Amendment or state statutes, as they served the legitimate purpose of preventing de facto segrega
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The court held that New York's mandatory retirement law for tenured civil service employees at age 70 is constitutional, serving legitimate state interests in efficiency and economy.
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The court held that the three-year qualified voter requirement for school board candidates violates the Equal Protection Clause of the Fourteenth Amendment.
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The court held that Texas's annual voter registration system, which imposed an impermissible burden on the right to vote by disenfranchising a substantial number of otherwise qualified voters, violated the Fourteenth Amendment's Equal Protection Clause.
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The court held that a statutory classification denying appeal to prisoners recaptured within two days of escape violates equal protection.
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50 F.4th 1126·
11th Cir.·
2022-10-06
·cited 11×
Norwegian Cruise Line Holdings challenged a Florida statute prohibiting businesses from requiring customers to provide proof of COVID-19 vaccination, arguing it violated the First Amendment and the dormant Commerce Clause. The Eleventh Circuit Court of Appeals held that the statu
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The Florida Supreme Court held that the state's exclusion of medically necessary abortions from Medicaid coverage, except where pregnancy endangers the mother's life or results from rape or incest, does not violate the express right to privacy in the Florida Constitution. The cou
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Fleeman petitioned for certiorari review of a circuit court's dismissal of his petition challenging a city's approval of a small-parcel comprehensive plan amendment. The Fifth District held that small-parcel amendments to comprehensive plans constitute legislative decisions not s
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Plaintiffs who successfully invalidated a racially gerrymandered congressional district are prevailing parties entitled to attorney fees under 42 U.S.C. § 1988 against state defendants, notwithstanding their subsequent objections to the legislature's remedial plan. Good faith, la
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900 F.2d 686·
3d Cir.·
1990-04-10
·cited 11×
The New Jersey tolling statute violates the Commerce Clause because it imposes an unconstitutional burden on interstate commerce by discriminating against foreign corporations not represented in the state, and less discriminatory alternatives exist.
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892 F.2d 315·
3d Cir.·
1989-12-29
·cited 11×
The court held that the transitional dwelling provisions of the City of Butler zoning ordinance do not violate plaintiffs’ due process rights, freedom of association, or the sex discrimination prohibition of The Fair Housing Act. However, the case is remanded for further consider
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The court held that Section 202(d)(8) of the Social Security Act, which limits Child Insurance Benefits for children adopted after the wage earner's disability onset date, does not violate the equal protection clause.
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Maryland's requirement that non-indigent write-in candidates pay a filing fee to be certified and have their votes reported impermissibly infringes on voters' First and Fourteenth Amendment rights.
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The court affirmed the judgment, finding that political parties are entitled to make choices about their organizational models, provided they do not engage in invidious discrimination.
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The court held that the limited right of review for an Alabama Bar applicant who has failed the examination five times, combined with the five-time limitation on taking the bar examination, violates due process.
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The court held that the zoning ordinance excluding group homes for the mentally retarded violates the Equal Protection Clause of the Fourteenth Amendment because the mentally retarded constitute a quasi-suspect class requiring intermediate scrutiny, and the ordinance fails to sub
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720 F.2d 1126·
9th Cir.·
1983-11-25
·cited 11×
A municipal zoning ordinance that imposes special disabilities on residences for former mental patients must receive heightened judicial scrutiny and cannot be applied arbitrarily.
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The court held that the Oakland Unified School District's affirmative action plan (AAP) for construction contracts is constitutional under the Equal Protection Clause, and affirmed the district court's grant of summary judgment for the defendants.
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A Delaware statute requiring freeholder identification for deadly weapon purchases violates the Fourteenth Amendment's Equal Protection Clause because the classification lacks a rational basis.
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The dissenting judge would affirm the district court's decision, holding that a state child placement agency can constitutionally consider race as a factor in determining a child's best interests for adoption.
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The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
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A workers' compensation claimant challenged the constitutionality of Florida statutes prohibiting him from retaining counsel to defend against the employer/carrier's motion to tax costs. The First District held that sections 440.34 and 440.105(3)(c), as applied to preclude claima
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The court held that the city's application of its sign code to a mural and a First Amendment banner was content-based and failed strict scrutiny, warranting a preliminary injunction.
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The statute prohibiting sexual activity between persons 24 or older and minors aged 16 or 17 does not violate equal protection or privacy rights, as the age classification is reasonable and serves the state's interest in protecting minors.
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The State Employees Attorneys Guild challenged Florida's statutory ban on collective bargaining by state-employed attorneys, claiming it unconstitutionally abridged public employees' fundamental right to bargain collectively under the Florida Constitution. The court held the ban
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The St. Johns County Public Nudity Ordinance is constitutional and does not violate the First or Fourteenth Amendments.
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The INS policy of incarcerating children pending deportation hearings, rather than releasing them to responsible non-relative adults, flagrantly violates due process.
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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.
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Appellants challenged the City of Jacksonville's decision to construct a sanitary landfill in a wetlands area, arguing it violated the city's comprehensive plan. The First District Court of Appeal affirmed the trial court's denial of the injunction, holding that competent substan
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The cost recovery system for candidate statements in voter pamphlets does not violate the First Amendment or the Equal Protection Clause.
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The court should hold that the state's conduct violates the First Amendment and grant relief to the plaintiffs.
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870 F.2d 1419·
9th Cir.·
1989-03-20
·cited 10×
The court held that Congress's enactment of Section 114, mandating the H-3 highway construction notwithstanding Section 4(f) requirements, was constitutional and rendered the remaining environmental challenges moot, thus affirming the dismissal of the complaint and the lifting of
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866 F.2d 1450·
D.C. Cir.·
1989-01-31
·cited 10×
The court held that the District's policy of incarcerating long-term women offenders in distant federal facilities while housing similarly situated men nearby, while facially discriminatory, was substantially related to the important government interest of minimizing prison overc
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The court held that the trial court erred in dismissing the action without applying a First Amendment balancing test to the plaintiff's assertion of a privilege against discovery. The court also held that the action survives the plaintiff's death under Colorado law.
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Palm Harbor Special Fire Control District appealed a Florida Department of Labor and Employment Security order granting a business agent's license to a non-citizen. The court held that while section 447.04(l)(a) specifically governs labor organization business agents and controls
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The court held that the Airport's policy of refusing to rent to religious organizations, adopted to remedy perceived constitutional violations that did not exist, failed the rational relationship test and violated the Equal Protection Clause. The court also affirmed the district
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The court held that the school board's decision to provide only one-way transportation for kindergarten students did not violate the Fourteenth Amendment's due process or equal protection clauses, as education is not a fundamental right and the decision had a rational basis.
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684 F.2d 588·
8th Cir.·
1982-08-04
·cited 10×
The court held that the gender-based forcible rape statute did not violate the Equal Protection Clause because the unique harm of potential pregnancy justified heightened sanctions for male perpetrators attacking female victims.
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The dissenting judge believes the majority opinion misinterprets Supreme Court precedent regarding public hospitals and abortion access.
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632 F.2d 922·
1st Cir.·
1980-10-23
·cited 10×
The court held that while the district court has discretion in awarding attorney's fees, a heightened standard of scrutiny is required when awarding fees to a former law clerk to avoid the appearance of impropriety.
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The court held that the Virgin Islands Parole Statute does not create a liberty interest in parole, and therefore due process protections do not attach to parole denials. The court also found that denying parole based on a prisoner's advantageous social and economic background, a
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The court affirmed the award of attorney's fees but reversed the trial court's ruling on the merits of the abortion funding claim.
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The court held that it has jurisdiction to hear the appeal and that California Elections Code § 10210 does not impose an unconstitutional burden on candidates' or voters' rights.