Strict Scrutiny

969 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  33 F. Supp. 2d 1364· S.D. Fla.· 1999-01-19 ·cited 5×
  The court granted plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on their First Amendment claim regarding the zoning ordinance's limitations on adult entertainment establishments.
• Shahar v. Bowers
  70 F.3d 1218· 11th Cir.· 1995-12-20 ·cited 5×
  The court should reverse summary judgment for the employer and grant summary judgment for the employee on her intimate association claim, finding that her constitutional interest in pursuing her intimate association outweighs any threat to the efficient operation of the governmen
• O'Donnell Constr. Co. v. Dist. OF Columbia
  963 F.2d 420· D.C. Cir.· 1992-05-05 ·cited 5×
  The court held that the District of Columbia Minority Contracting Act, as applied, likely violates the Fifth Amendment's equal protection clause because it lacks a strong basis in evidence to support its racial classifications and is not narrowly tailored.
• Owens v. Barnes
  711 F.2d 25· 3d Cir.· 1983-06-30 ·cited 5×
  A state may constitutionally deny incarcerated convicted felons the right to vote while allowing unincarcerated convicted felons to vote, provided the distinction is rationally related to a legitimate state interest.
• Party v. Pomerleau
  557 F.2d 410· 4th Cir.· 1977-06-28 ·cited 5×
  The court held that Baltimore's noise control ordinance, as applied to the amplification of political speech on public streets, is unconstitutionally vague and overbroad.
• Morgan v. Montanye
  521 F.2d 693· 2d Cir.· 1975-08-13 ·cited 5×
• Black Voters Matter Capacity Bldg. Inst., Inc. v. Sec'y, Fla. Dep't of State
  415 So. 3d 180· Fla.· 2025-07-17 ·cited 4×
  Florida's Supreme Court upheld the 2022 congressional redistricting plan (Enacted Plan) against a challenge that it violated the Fair Districts Amendment by diminishing Black voters' ability to elect their preferred representative in North Florida. The court held that although th
• McClendon v. Long
  22 F.4th 1330· 11th Cir.· 2022-01-19 ·cited 4×
  The court held that the Sheriff's warning signs placed on registered sex offenders' private property constitute compelled government speech, violating the First Amendment.
• V.S. v. Dep't of Child. & Families
  322 So. 3d 1153· Fla. 4th DCA· 2021-06-09 ·cited 4×
  The court certified a question of great public importance to the Florida Supreme Court concerning whether the 2014 amendment to section 39.806(1)(f), Florida Statutes, unconstitutionally permits termination of parental rights regarding siblings without requiring proof of nexus be
• Berg v. Merchs. Ass'n Collection Div., Inc.
  586 F. Supp. 2d 1336· S.D. Fla.· 2008-10-31 ·cited 4×
  The court held that a debt collector's pre-recorded voicemail messages left at a debtor's residence, which could be overheard by third parties, state a plausible claim under the FDCPA and FCCPA, and that such an interpretation does not violate the First Amendment.
• Turner v. State
  937 So. 2d 1184· Fla. 5th DCA· 2006-09-08 ·cited 4×
  Stanley Turner, convicted as a juvenile in Minnesota for a sexual offense, was arrested in Florida for failure to register as a sexual offender. The court affirmed his conviction, holding that Florida law required registration based on his out-of-state juvenile designation as a s
• State v. Presidential Women's Ctr.
  884 So. 2d 526· Fla. 4th DCA· 2004-10-13 ·cited 4×
  Florida's appellate court affirmed a trial court judgment striking down the state's abortion informed-consent statute (the "Women's Right to Know Act") as unconstitutional under the Florida Constitution's explicit right to privacy. The court found the statute impermissibly intrud
• R.J.H. v. State
  788 So. 2d 952· Fla.· 2001-06-14 ·cited 4×
• Woodside Vill. Condo. Ass'n, Inc. v. Adolph S. Jahren and Gary M. McClernan
  754 So. 2d 831· Fla. 2d DCA· 2000-04-05 ·cited 4×
  The court affirmed summary judgment for two condominium unit owners who challenged an amendment to the declaration of condominium that restricted leasing to nine months per twelve-month period, invalidating the amendment as arbitrary and discriminatory as applied to them since th
• Palm Springs Gen. Hosp., Inc. v. City OF Hialeah Gardens
  740 So. 2d 596· Fla. 3d DCA· 1999-09-01 ·cited 4×
• Warner v. City of Boca Raton
  64 F. Supp. 2d 1272· S.D. Fla.· 1999-08-31 ·cited 4×
  The court held that the City's prohibition on vertical grave decorations does not violate the Florida Religious Freedom Restoration Act, as the plaintiffs' conduct was not substantially motivated by a tenet, practice, or custom of a larger religious system, but rather by personal
• Johnson v. Mortham
  915 F. Supp. 1574· N.D. Fla.· 1996-02-07 ·cited 4×
  The court held that in a redistricting case challenging racial gerrymandering under strict scrutiny, the plaintiffs bear the ultimate burden of persuasion, but the defendants bear the burden of production to justify the race-conscious districting plan.
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  884 F. Supp. 1544· N.D. Fla.· 1995-02-10 ·cited 4×
  The court held that collateral estoppel precluded relitigation of standing for two plaintiffs who were parties to the state litigation, but not for the other plaintiffs who were not parties to the state case.
• Powell v. Allstate Ins. Co.
  634 So. 2d 787· Fla. 5th DCA· 1994-03-31 ·cited 4×
  The Powells, Black plaintiffs who won a jury verdict, appealed after learning that white jurors made racial jokes and insensitive statements during deliberations. The court affirmed the trial judge's refusal to conduct post-trial juror interviews, holding that Florida law prohibi
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• United States v. Reece
  994 F.2d 277· 6th Cir.· 1993-04-30 ·cited 4×
  The court held that the 100:1 sentencing disparity between cocaine and cocaine base (crack) does not violate equal protection, even when considering racial impact statistics and legislative history.
• Billish v. City OF Chicago
  989 F.2d 890· 7th Cir.· 1993-03-29 ·cited 4×
  Summary judgment for defendants is reversed because the city has not provided sufficient evidence to demonstrate that its race-conscious promotion decisions were necessary and narrowly tailored remedial measures for past unlawful discrimination, requiring a trial.
• Peightal v. Metro. Dade Cnty.
  815 F. Supp. 1454· S.D. Fla.· 1993-02-24 ·cited 4×
  Alan Andrew Peightal, a white male who scored 98.25 on the Metropolitan Dade County Fire Department's 1983 firefighter examination (ranking 28th), was rejected for employment and filed a Title VII and Equal Protection Clause challenge to the Fire Department's affirmative action p
• Gilleo v. City OF Ladue
  986 F.2d 1180· 8th Cir.· 1993-02-22 ·cited 4×
  The court held that Ladue's sign ordinance is unconstitutional because it is content-based and not narrowly tailored to serve a compelling interest, but modified the attorneys' fee award by vacating the enhancement for contingency.
• Christian Knights OF the KU Klux Klan Invisible Empire, Inc. v. Dist. OF Columbia
  972 F.2d 365· D.C. Cir.· 1992-08-14 ·cited 4×
  The court held that a restriction on a public demonstration based on the threat of listeners' violent reaction to the message is content-based and subject to strict scrutiny. However, the government has some leeway to adjust marches for public safety.
• Fed. Election Comm'n v. Int'l Funding Inst., Inc.
  969 F.2d 1110· D.C. Cir.· 1992-07-10 ·cited 4×
• Apache Bend Apts., Ltd. v. United States
  964 F.2d 1556· 5th Cir.· 1992-06-25 ·cited 4×
  The dissenting judge holds that the plaintiffs lack standing to bring their equal protection claim because they have not alleged a legally cognizable injury.
• Lipscomb v. Simmons
  962 F.2d 1374· 9th Cir.· 1992-04-27 ·cited 4×
  The court held that the Oregon child care system, which denies foster care benefits to children living with relatives who cannot afford to provide care, is irrational and violates the state's fiduciary duty to act in the child's best interest.
• Nat'l Solid Wastes Mgmt. Ass'n v. Voinovich
  959 F.2d 590· 6th Cir.· 1992-03-04 ·cited 4×
  The court held that the district court erred in granting summary judgment without an evidentiary hearing, as Ohio presented material factual issues regarding its justifications for statutes that discriminated against interstate commerce.
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  932 F.2d 1504· D.C. Cir.· 1991-05-17 ·cited 4×
  A total ban on broadcast indecency is unconstitutional, and Congress cannot compel the FCC to implement such a ban, requiring the FCC to establish a safe harbor period for indecent broadcasts.
• Felomina Quiban v. Veterans Admin.
  928 F.2d 1154· D.C. Cir.· 1991-03-29 ·cited 4×
  The court held that the statutory distinctions in 38 U.S.C. § 107, which limit benefits for Philippine Army and New Philippine Scouts veterans, are rationally based and thus constitutional under the Fifth Amendment's equal protection guarantee.
• Giannini v. Real
  911 F.2d 354· 9th Cir.· 1990-08-16 ·cited 4×
  The court affirmed the district court's decision, holding that both the California Bar Examination and the local rules requiring membership in the California State Bar for admission to federal district courts are constitutional.
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1568· S.D. Fla.· 1989-12-15 ·cited 4×
  The court held that the distance ordinances, including the waiver provision, were facially valid time, place, and manner regulations and that the plaintiff's claims were barred by res judicata or failed on the merits.
• Gus W. Zielasko and Nancy Bowman v. The State OF Ohio
  873 F.2d 957· 6th Cir.· 1989-05-03 ·cited 4×
  The court held that section 6(C) places an impermissible burden on a voter's First Amendment right to support a qualified candidate of her choice.
• Douglas v. Hugh A. Stallings, M.D., Inc.
  870 F.2d 1242· 7th Cir.· 1989-03-13 ·cited 4×
  The court held that the Indiana Medical Malpractice Act's statute of limitations, which limits tolling for minors with permanent disabilities, does not violate the Fourteenth Amendment's equal protection or due process clauses.
• Murphy v. The State OF Ark.
  852 F.2d 1039· 8th Cir.· 1988-07-25 ·cited 4×
  The court held that the Arkansas Home School Act's testing requirements do not violate the Free Exercise Clause, Equal Protection Clause, or the right to privacy, as the state has a compelling interest in education and the Act is the least restrictive means to achieve it.
• Harley McLAIN v. Meier
  851 F.2d 1045· 8th Cir.· 1988-07-08 ·cited 4×
  The court held that while a voter has standing to challenge ballot access laws, North Dakota's laws were not unconstitutionally restrictive, but the district court erred in denying leave to amend regarding a claim about uncounted write-in votes.
• Dorothy and Manuel Ledesma v. Block
  825 F.2d 1046· 6th Cir.· 1987-08-06 ·cited 4×
  The court held that the amendments to the Food Stamp Act denying benefits to striking workers, while not perfect, were rationally related to legitimate government interests and thus constitutional.
• Fellowship Baptist Church v. Benton
  815 F.2d 485· 8th Cir.· 1987-03-27 ·cited 4×
  The court held that Iowa's reporting and teacher certification requirements do not violate plaintiffs' constitutional rights, but the "equivalent instruction" term was unconstitutionally vague as initially defined.
• SAN Francisco Cnty. Democratic Cent. Comm. v. March Fong EU
  792 F.2d 802· 9th Cir.· 1986-06-18 ·cited 4×
  California's Elections Code provisions that dictate the membership of state central committees, the term of office for committee chairs, and prohibit preprimary endorsements by central committees violate the First Amendment rights of political parties to freedom of association an
• Britton v. S. Bend Cmty. Sch. Corp.
  775 F.2d 794· 7th Cir.· 1985-10-21 ·cited 4×
  The court held that the school district's policy of laying off only white teachers, granting superseniority to black teachers, was not a narrowly tailored means to a lawful end and thus violated the Equal Protection Clause.
• Melton v. Gunter
  773 F.2d 1548· 11th Cir.· 1985-10-18 ·cited 4×
  The court held that the district court erred in applying a heightened scrutiny standard to the equal protection challenge of the Florida statute, and that the statute has a rational basis. The court reversed the district court's judgment.
• Auerbach v. Rettaliata
  765 F.2d 350· 2d Cir.· 1985-06-17 ·cited 4×
  The court held that New York Election Law section 5-104 and Article II, section 4 of the New York Constitution are not facially unconstitutional, as they permissibly identify classes of likely transients and require them to demonstrate bona fide residency for voting purposes.
• The Libertarian Party v. Bond
  764 F.2d 538· 8th Cir.· 1985-06-17 ·cited 4×
  Missouri statutes governing new political party ballot access are constitutional, as they are neither unconstitutionally burdensome nor discriminatory.
• The Daily Herald Co. v. Munro
  758 F.2d 350· 9th Cir.· 1984-11-02 ·cited 4×
  The district court erred in granting summary judgment sua sponte because genuine issues of material fact remain regarding the statute's purpose and necessity, and the court should have the opportunity to rule on these issues first.
• Clean-Up '84 v. Heinrich
  590 F. Supp. 928· M.D. Fla.· 1984-07-19 ·cited 4×
  Florida statutes prohibiting signature solicitation near polling places and requiring fees for signature verification on initiative petitions are unconstitutional as they violate First Amendment rights and the Equal Protection Clause.
• Spath v. Nat'l Collegiate Athletic Ass'n
  728 F.2d 25· 1st Cir.· 1984-02-23 ·cited 4×
  The court held that the student failed to demonstrate a likelihood of success on the merits for his constitutional claims and contract claims, thus reversing the preliminary injunction.
• Costner v. United States
  720 F.2d 539· 8th Cir.· 1983-11-09 ·cited 4×
  A federal regulation disqualifying individuals with a history of epilepsy from driving trucks in interstate commerce is rationally related to public safety and does not violate the Equal Protection Clause, even when applied to an individual with a controlled condition and no rece
• Vargas v. Strake
  710 F.2d 190· 5th Cir.· 1983-07-25 ·cited 4×
  The court should hold Tex.Rev.Civ.Stat.Ann. art. 5949(2) unconstitutional because notary public duties are ministerial and do not involve policy-making.
• S. Fla. Chapter of the Associated Gen. Contractors of Am., Inc. v. Metro. Dade Cnty.
  552 F. Supp. 909· S.D. Fla.· 1982-12-16 ·cited 4×
  The court held that the 'set-aside' provision of the county's race-conscious ordinance, which limited competition for certain contracts exclusively among Black contractors, violated the Equal Protection Clause of the Fourteenth Amendment, but the 'goals' provision, setting a perc