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 Dual Compensation Act of 1964, which reduces retirement pay for retired regular officers holding civilian federal positions while exempting retired reserve officers, does not violate the Constitution. The court found the distinction rationally related to l
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A Chicago ordinance permanently barring individuals convicted of certain offenses from obtaining a public chauffeur's license violates the Equal Protection Clause of the Fourteenth Amendment due to irrational distinctions among ex-offenders.
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The court held that the Detroit ordinance's 1000-foot provision, which restricts the concentration of adult businesses, is a permissible time, place, and manner regulation that does not violate the First Amendment or Equal Protection Clause.
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James McDonough sued the City of Homestead after he was removed from a city council meeting and subsequently banned from city hall for alleged disruptive speech, challenging the ban as a violation of his First Amendment rights. The Eleventh Circuit held en banc that the city coun
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93 F.4th 1206·
11th Cir.·
2024-02-26
·cited 9×
The court held that a district court abuses its discretion in approving a class action settlement if the named plaintiffs lack Article III standing to pursue injunctive relief, as the court cannot consider relief it has no jurisdiction to award.
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Section 447.4095 is not void for vagueness and does not violate substantive due process or equal protection. The statute is constitutional because the legislature permissibly delegated to PERC the authority to define "financial urgency" based on its expertise, and the statute sat
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A law enforcement officer challenged Florida's workers' compensation attorney fee restrictions (§§ 440.105 and 440.34) as unconstitutional violations of First Amendment and contract rights. The court held that these fee caps, as applied to claimant-paid fees, unconstitutionally r
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Street vendors challenged Hialeah's ordinances restricting where they can vend and limiting inventory display. The court affirmed the ordinances' constitutionality under the rational basis test, rejecting the vendors' argument that Florida had abandoned the traditional rational b
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An inmate serving time for a 1980 felony conviction petitioned to change his name for religious reasons. The circuit court denied the petition under a statute enacted in 1995 requiring restoration of civil rights, but the appellate court reversed, holding that the statute cannot
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377 F.3d 1275·
11th Cir.·
2004-07-21
·cited 9×
The Court affirmed the denial of rehearing en banc, holding that the Florida adoption statute prohibiting adoption by homosexuals is constitutional under rational basis review. The Court found that the legislature could reasonably believe that prohibiting adoption into homosexual
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The court held that Proposition 73's fiscal year contribution limits unconstitutionally discriminate against challengers, and that the ban on intra- and inter-candidate transfers also violates the First and Fourteenth Amendments.
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The court held that the officer's due process rights were violated by the failure to provide a hearing on the extent of discipline, as the board considered a biased disciplinary record without the officer's input.
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The court held that the Fair Labor Standards Act applies to church-operated schools and their employees, and that such application does not violate the First or Fifth Amendments.
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The court held that a government employee's claim of age discrimination under the Equal Protection Clause requires showing a lack of rational basis for the action, and that maximizing viewership is a rational basis for transferring a younger employee to a public television progra
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Title VIII of the Fair Housing Act does not permit landlords to use rigid, indefinite racial quotas to maintain integration by restricting minority access to available housing.
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The court affirmed the denial of the habeas petition, finding that the petitioner failed to establish a constitutional right to a newsman's privilege and that the petition improperly sought review of state court substantive decisions.
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The court held that ordinances banning barroom nude dancing violate the First Amendment because they are overbroad and not justified by substantial governmental interests. Distance requirements, however, are permissible time, place, and manner regulations.
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The court held that the Social Security Act's community income provision, 42 U.S.C. § 411(a)(5)(A), violates the Fifth Amendment's due process clause due to impermissible gender discrimination. The case is remanded for further factual development regarding partnership status and
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The Florida Supreme Court upheld a state statute restricting municipal rent control powers against constitutional challenges by Miami Beach. The court affirmed that Chapter 77-50 validly conditions local rent control authority through general law, does not impermissibly amend the
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The court held that the Equal Protection Clause is violated unless a judge is required to consider less financially onerous forms of pretrial release before imposing money bail on indigent defendants.
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The court held that summary judgment was improper on the RLUIPA claim due to factual disputes, proper on the Free Exercise claim, and that the City failed to meet strict scrutiny on the ARFA claim.
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215 So. 3d 18·
Fla.·
2017-03-02
·cited 8×
The Florida Supreme Court upheld Florida's Open Carry Law (§ 790.053), which prohibits openly carrying firearms in public except in enumerated circumstances, rejecting constitutional challenges under both the Second Amendment and the Florida Constitution. The court concluded the
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St. Johns County seeks certiorari review of a circuit court order that directed the County Commission to approve a PUD modification allowing a solid waste transfer facility. The District Court of Appeal reverses, holding that the circuit court erred in considering evidence outsid
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The court granted summary judgment for the defendants, finding no genuine issue of material fact and that the defendants were entitled to judgment as a matter of law.
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Tobkin appealed the dismissal of his defamation action against non-media defendants who made statements about him to The Florida Bar. The court affirmed dismissal on the alternative ground of absolute privilege for complaints made to the Bar, rather than on the pre-suit notice re
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Subsections 106.29(l)(b), 106.07(3)(b), and 106.04(4)(b)(2) of the Florida Statutes, which impose a 1.5 percent assessment on political contributions to fund the Election Campaign Financing Trust Fund, are unconstitutional because they substantially burden First Amendment rights
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The court held that 38 U.S.C. § 3205 survives rational basis scrutiny under the Equal Protection Clause, as it reasonably furthers legitimate governmental interests in deficit reduction, preventing remote heir inheritance, and limiting fiduciary abuse. The court also held that th
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The court held that the district court erred in denying intervention as of right because the parents' claims were not moot and the public forum status of the graduation ceremony was inadequately developed. The court remanded for further factual development on the public forum iss
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The majority opinion, which the author of this dissent disagrees with, validated a stop and seizure based on race, despite it being a constitutionally impermissible basis.
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The court held that the School Board is not required to provide a cued speech interpreter at a private, sectarian school, as doing so would violate the Establishment Clause and federal/state laws prohibit such funding.
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917 F.2d 1197·
9th Cir.·
1990-10-29
·cited 8×
The dissenting judge holds that 18 U.S.C. § 4246 violates the equal protection rights of individuals facing involuntary commitment by denying them a jury trial. The statute's differential treatment is not substantially related to an important government interest.
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A state constitutional provision banning political parties from endorsing candidates for nonpartisan office violates the First and Fourteenth Amendments by infringing on political speech and association rights without serving a compelling state interest narrowly tailored to its o
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The Florida Supreme Court held that Florida's sales tax scheme, which taxed magazines but exempted newspapers, violated the First Amendment by imposing discriminatory taxation on the press. The court affirmed the trial court's finding of unconstitutionality but reversed the remed
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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.
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The court held that the Armstrong Amendment implicates the First Amendment and fails relevant Supreme Court tests because it burdens Council members' speech without sufficient justification.
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The court held that an Oklahoma statute requiring tenured teachers to pay half the cost of a due process hearing is facially unconstitutional as it imposes an impermissible burden on the right to due process, and that the plaintiff presented sufficient evidence of protected speec
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The dissenting judge argues that the distinction in appeal rights between capital and non-capital defendants, based on whether claims are 'new and substantial,' lacks a rational basis and is unconstitutional.
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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.
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848 F.2d 47·
3d Cir.·
1988-05-31
·cited 8×
The court held that a party cannot use the Declaratory Judgment Act to circumvent a specific statutory administrative review process provided by Congress.
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The court held that while the district court should have applied an intermediate standard of review, the County's financial disclosure law is constitutional under that standard and does not violate equal protection rights.
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The dissenting judge would affirm the district court's judgment, arguing that the majority misinterprets Wygant and that Michigan's affirmative action program is constitutional.
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The court held that Indiana's statute of repose does not violate the Commerce Clause or the Equal Protection Clause, and therefore affirmed the district court's grant of summary judgment.
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The court held that the City's affirmative action plan, which allowed race to be considered as a factor among qualified candidates for promotion, was consistent with Title VII and the Equal Protection Clause, and therefore the promotion of Cooley over Higgins was lawful.
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Illinois Election Code § 10-4, prohibiting individuals from circulating petitions for more than one party in an election season, does not unconstitutionally burden First Amendment rights of speech and association.
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The court held that the residency-or-office requirement for bar admission, as applied, was unreasonable and arbitrary, failing to withstand equal protection scrutiny.
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The court held that the Air Force's interest in strict enforcement of its uniform regulations, even if arbitrary, is sufficient to justify prohibiting a religious head covering, given the military's need for discipline and uniformity.
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707 F.2d 59·
2d Cir.·
1983-05-10
·cited 8×
New York Election Law § 6-146(1), requiring acknowledged acceptance of nomination, is constitutional and does not violate the First or Fourteenth Amendments.
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The court held that the Oklahoma election laws substantially restrict minority parties' ballot access and thus must be subjected to strict judicial scrutiny.
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A rule barring student athletes from participation for one year after transferring schools, even if applied to private schools, does not violate the federal Constitution.
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The court held that the lobbying restriction in I.R.C. § 501(c)(3) is a constitutional condition on tax benefits, serving a substantial governmental interest without violating the First Amendment.