Strict Scrutiny

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

• Nat'l W. Life Ins. Co. v. Commodore Cove Improvement Dist.
  678 F.2d 24· 5th Cir.· 1982-06-07 ·cited 4×
  A local regulation requiring property owners to install bulkheads on waterfront lots is a constitutional exercise of police power, does not constitute a taking without just compensation, and does not violate equal protection.
• United States v. 16.92 Acres OF Land
  670 F.2d 1369· 7th Cir.· 1982-02-16 ·cited 4×
  The United States has the authority to condemn property for the Apostle Islands National Lakeshore under the General Condemnation Act, and the "improved property" classification's January 1, 1967 cutoff date does not violate equal protection.
• Gertrude Barnstone and Harvey Malyn v. The Univ. OF Houston
  660 F.2d 137· 5th Cir.· 1981-10-30 ·cited 4×
  A public television station is not a public forum for First Amendment purposes, and thus can refuse to air a program without facing strict scrutiny.
• Local 2106, Int'l Ass'n OF Firefighters, AFL-CIO v. City OF Rock Hill
  660 F.2d 97· 4th Cir.· 1981-09-17 ·cited 4×
  Rock Hill's policy denying municipal employees access to speak at city council meetings on employment matters, while allowing others to speak, violates the First and Fourteenth Amendments.
• Cervantes v. Guerra
  651 F.2d 974· 5th Cir.· 1981-07-13 ·cited 4×
  The court held that excluding resident aliens from voting for or serving on a Community Action Agency board does not violate the Economic Opportunity Act or the Equal Protection Clause, as such roles fall under the political functions exception.
• Sa'ad Bashir v. The Supreme Court OF Ohio
  652 F.2d 641· 6th Cir.· 1981-06-22 ·cited 4×
  The court held that the plaintiff was ineligible for admission to the Ohio Bar on motion because he was not admitted to practice in another state, rendering his equal protection claim moot.
• Miller v. Rumsfeld
  647 F.2d 80· 9th Cir.· 1981-05-15 ·cited 4×
  The court should have reheard the case en banc to address the proper methodology for substantive due process analysis and the constitutional status of private consensual homosexual activity. The Beller panel misapplied substantive due process by adopting a standardless balancing
• Hebert v. Ventetuolo
  638 F.2d 5· 1st Cir.· 1981-01-20 ·cited 4×
  The court held that the students had no constitutional entitlement to play interscholastic sports, thus no due process claim for their suspension.
• Ethel and Don Martin v. Bergland
  639 F.2d 647· 10th Cir.· 1981-01-19 ·cited 4×
  The court held that the husband-wife rule in 7 C.F.R. § 795.11 does not violate equal protection, due process, or contract rights.
• Skeen v. Hooper
  631 F.2d 707· 10th Cir.· 1980-10-08 ·cited 4×
  The court held that New Mexico's statute allowing a political party to fill a ballot vacancy after a primary, when the opposing party failed to nominate a candidate, does not violate the U.S. Constitution.
• Helms v. Elie Jones
  621 F.2d 211· 5th Cir.· 1980-07-11 ·cited 4×
  The court held that the Georgia child abandonment statute violates the Equal Protection Clause by creating a felony for leaving the state while only a misdemeanor for abandoning a child within the state, thereby infringing the fundamental right to travel.
• Richards v. Lavelle
  620 F.2d 144· 7th Cir.· 1980-02-13 ·cited 4×
  The court held that removing a candidate from the ballot for submitting more signatures than the maximum permitted by statute lacks a rational relationship to the state's legitimate interest in orderly election procedures and thus violates due process.
• Bloomenthal v. Lavelle
  614 F.2d 1139· 7th Cir.· 1980-02-11 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of success on the merits regarding their equal protection and due process claims.
• Dean v. Austin
  602 F.2d 121· 6th Cir.· 1979-07-16 ·cited 4×
  The court held that the appeal is moot because there is no reasonable expectation that the same issues regarding ballot instruction errors will be subjected to the same complaining party in future elections.
• Livingston v. Ewing
  601 F.2d 1110· 10th Cir.· 1979-06-14 ·cited 4×
  The court held that the policy granting exclusive rights to Indians to sell handcrafted goods in a specific area is valid under 42 U.S.C. § 2000e-2(i) and does not violate the Equal Protection Clause.
• Andre v. Bd. OF Trs. OF the Vill. OF Maywood
  561 F.2d 48· 7th Cir.· 1977-07-27 ·cited 4×
  The court held that the municipal residency ordinance does not violate the Due Process Clause, the Contract Clause, or the Equal Protection Clause of the Fourteenth Amendment.
• Woodward v. City OF Deerfield Beach
  538 F.2d 1081· 5th Cir.· 1976-09-15 ·cited 4×
  The court held that a city charter's freeholder requirement for candidates unconstitutionally denies equal protection, but a six-month durational residency requirement is permissible.
• United States v. Harris
  537 F.2d 563· 1st Cir.· 1976-06-25 ·cited 4×
  The court held that the classification of felons under Title VII of the Omnibus Crime Control and Safe Streets Act of 1968, barring them from possessing firearms, does not violate the Due Process Clause of the Fifth Amendment.
• Henry v. Sheriff of Tuscaloosa Cnty.
  135 F.4th 1271· 11th Cir.· 2025-04-23 ·cited 3×
  Bruce Henry, a man convicted of possessing child pornography who completed his prison sentence and later fathered a son, challenged an Alabama statute that categorically prohibited sex offenders convicted of crimes involving children from residing with or conducting overnight vis
• K.A. v. Dep't of Child. & Families
  332 So. 3d 501· Fla. 4th DCA· 2021-12-08 ·cited 3×
  The court certified to the Florida Supreme Court constitutional questions regarding whether sections 39.806(1)(f) and 39.806(1)(l) of Florida Statutes unconstitutionally eliminate the state's burden to prove substantial risk of harm and least restrictive means when terminating pa
• Hermine Ricketts and Laurence Carroll v. Vill. OF Miami Shores
  232 So. 3d 1095· Fla. 3d DCA· 2017-11-01 ·cited 3×
  Miami Shores homeowners challenged a municipal ordinance prohibiting vegetable gardens in front yards as violating the Florida Constitution's due process, equal protection, and fundamental rights protections. The court affirmed the ordinance's constitutionality, holding that it d
• Miccosukee Tribe of Indians of Florida v. United States
  722 F. Supp. 2d 1293· S.D. Fla.· 2010-07-12 ·cited 3×
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the tribe's equal protection claim.
• League of Women Voters of Fla. v. Cobb
  447 F. Supp. 2d 1314· S.D. Fla.· 2006-08-28 ·cited 3×
  The court held that the Third-Party Voter Registration Law unconstitutionally discriminates by exempting political parties and imposes unconstitutional fines that chill First Amendment rights.
• Hershell Gill Consulting Eng'rs, Inc. v. Miami-Dade Cnty.
  333 F. Supp. 2d 1305· S.D. Fla.· 2004-08-24 ·cited 3×
  The court held that Miami-Dade County's MWBE programs are unconstitutional as applied to A&E contracts and will be permanently enjoined. Commissioners are immune for past votes but liable for damages due to clearly established law. Plaintiffs are awarded nominal damages and attor
• Harrell v. Harrell
  879 So. 2d 87· Fla. 4th DCA· 2004-08-04 ·cited 3×
  Timely mailing of a notice of appeal to the post office is insufficient to confer jurisdiction on the appellate court; the notice must be actually filed with and received by the trial court clerk within the applicable deadline.
• D.N.S. v. State
  788 So. 2d 955· Fla.· 2001-06-14 ·cited 3×
• Roe v. Butterworth
  958 F. Supp. 1569· S.D. Fla.· 1997-03-10 ·cited 3×
  The court held that the Petitioner does not have a fundamental right to engage in prostitution under the U.S. Constitution, and therefore the Florida statutes prohibiting prostitution are not unconstitutional.
• Eng'g Contractors Ass'n of S. Fla., Inc. v. Metro. Dade Cnty.
  943 F. Supp. 1546· S.D. Fla.· 1996-09-17 ·cited 3×
  Dade County's race, ethnicity, and gender-conscious measures in its Black, Hispanic, and Women Business Enterprise Programs for construction contracts violate the Equal Protection Clause of the Fourteenth Amendment.
• Ramseur v. Beyer
  983 F.2d 1215· 3d Cir.· 1992-12-31 ·cited 3×
  A criminal defendant fails to establish an equal protection violation in grand jury selection when prospective jurors are temporarily set aside based on race if ultimately empaneled, the judge's purpose is achieving representativeness rather than invidious discrimination, and the
• Jansen v. City OF Cincinnati
  977 F.2d 238· 6th Cir.· 1992-10-13 ·cited 3×
  The court held that the district court erred in dissolving the hiring provision of the consent decree because it misconstrued the decree's goals and failed to address intervenors' discrimination claims.
• Billish v. City OF Chicago & Louis T. Galante
  962 F.2d 1269· 7th Cir.· 1992-05-04 ·cited 3×
  The court held that the district court erred in granting summary judgment, as a trial is necessary to determine if the city's race-based promotion decisions were justified to remedy past discrimination.
• Rosenfeld v. Lu
  766 F. Supp. 1131· S.D. Fla.· 1991-06-06 ·cited 3×
  Florida Statute § 686.201 is unconstitutional under the Commerce Clause because it discriminates on its face and in its practical effect against interstate commerce.
• Stiles v. Blunt
  912 F.2d 260· 8th Cir.· 1990-08-24 ·cited 3×
  The court held that the minimum age requirement for state representative is subject to rational relationship review, is rationally related to the state's interest in maturity and experience, and that age is calculated from birth, not conception.
• Baugh v. Jud. Inquiry & Review Comm'n
  907 F.2d 440· 4th Cir.· 1990-07-02 ·cited 3×
  The court held that Virginia Code section 2.1-37.13, which prohibits disclosure of the filing of a complaint with the Judicial Inquiry and Review Commission, is a content-based regulation of speech subject to strict scrutiny. The court also reversed the dismissal of the claim tha
• Tarter v. Fob James
  667 F.2d 964· 11th Cir.· 1982-02-08 ·cited 3×
  A state statute that provides different numbers of jury strikes based on county population does not violate the federal constitution if it has a rational basis and treats all persons within the classified area equally.
• Pecola Annette Wright v. Council OF the City OF Emporia
  442 F.2d 588· 4th Cir.· 1971-03-23 ·cited 3×
  The court held that the creation of new school districts to avoid integration mandates, particularly when motivated by race or having a significant adverse impact on desegregation, should be enjoined.
• United States v. Ferretiz-Hernandez
  139 F.4th 1286· 11th Cir.· 2025-06-11 ·cited 2×
  The Eleventh Circuit affirmed the district court's denial of the defendants' motions to dismiss, holding that 8 U.S.C. § 1326 does not violate the equal protection component of the Fifth Amendment.
• Honeyfund.com Inc v. Desantis
  546 F. Supp. 3d 1082· N.D. Fla.· 2022-08-18 ·cited 2×
  Honeyfund.com and other employers and diversity consultants challenged Florida's Individual Freedom Act, which prohibits employers from endorsing eight specified concepts related to race, sex, and national origin during mandatory employee activities, as a violation of the First A
• Green v. Alachua Cnty.
  323 So. 3d 246· Fla. 1st DCA· 2021-06-11 ·cited 2×
  The appellate court reversed a lower court's denial of a temporary injunction against Alachua County's mask mandate. The court held that the mandate implicated the fundamental right to privacy under the Florida Constitution and therefore required strict scrutiny, which the lower
• Smith v. Smith
  195 So. 3d 416· Fla. 4th DCA· 2016-06-29 ·cited 2×
  The Florida Fourth District Court of Appeal granted a motion to certify a question of great public importance regarding the interpretation of a statute that restricts the right to marry for wards whose right to contract has been removed. The court disagreed with itself on whether
• Brandon-Thomas v. Brandon-Thomas
  163 So. 3d 644· Fla. 2d DCA· 2015-04-24 ·cited 2×
  A same-sex couple legally married in Massachusetts sought to dissolve their marriage in Florida, but the trial court dismissed the petition, finding Florida's Defense of Marriage Act precluded jurisdiction. The Second District Court of Appeal reversed, holding that the Full Faith
• Naymontie Nashare Enoch v. State
  95 So. 3d 344· Fla. 1st DCA· 2012-07-27 ·cited 2×
  Enoch appeals his convictions under Florida's gang prevention statutes, challenging their constitutionality. The court affirms his conviction under section 874.05(1) (gang recruitment) as constitutional under strict scrutiny, but reverses his conviction under section 874.11 (elec
• Romero v. Erik G. Abrahamson, P.A.
  113 So. 3d 870· Fla. 2d DCA· 2012-07-11 ·cited 2×
  The court held that a case management order broadly restricting parties' communication regarding litigation issues constitutes an injunction and an impermissible prior restraint on speech absent necessary findings.
• Fla. Retail Fed'n, Inc. v. Attorney General
  576 F. Supp. 2d 1281· N.D. Fla.· 2008-07-28 ·cited 2×
  The court held that the statute compelling businesses to allow workers with concealed-carry permits to store guns in their vehicles in parking lots is constitutional, but the provision compelling businesses to allow customers to store guns in vehicles is unconstitutional due to a
• Diaz v. Cobb
  541 F. Supp. 2d 1319· S.D. Fla.· 2008-03-25 ·cited 2×
  The court found that Florida's voter registration deadline, while imposing a burden on voters, is a reasonable and nondiscriminatory restriction justified by the state's legitimate interest in orderly and efficient election administration.
• Saadeh v. City OF Jacksonville & Stanton Rowing Found.
  969 So. 2d 1079· Fla. 1st DCA· 2007-10-24 ·cited 2×
  Mary Anne and Anwar Saadeh challenged the City of Jacksonville's rezoning ordinance that would allow the Stanton Rowing Foundation to develop its property in a low-density residential area. The Florida First District Court of Appeal held that the ordinance violated the City's Com
• Lockridge v. City of Oldsmar
  475 F. Supp. 2d 1240· M.D. Fla.· 2007-02-27 ·cited 2×
  The court held that plaintiff lacks standing to challenge the entire sign ordinance, but has standing to challenge the specific provision under which his applications were denied, and that the case is moot due to the ordinance's repeal without evidence of bad faith.
• Konikov v. Orange Cnty.
  302 F. Supp. 2d 1328· M.D. Fla.· 2004-01-02 ·cited 2×
  The court granted summary judgment for the defendants, finding that the county's zoning ordinance, as applied to the plaintiff's religious activities, did not violate his free exercise rights.
• Parkland Republican Club v. City of Parkland
  268 F. Supp. 2d 1349· S.D. Fla.· 2003-06-04 ·cited 2×
  The court held that the city's policy of excluding all political organizations from participating in its annual parade is a reasonable restriction on speech within a limited public forum, as it is viewpoint neutral and serves the parade's purpose of maintaining a family-oriented,
• Frandsen v. Cnty. OF Brevard
  800 So. 2d 757· Fla. 5th DCA· 2001-12-14 ·cited 2×
  Appellants challenged Brevard County ordinances and Florida statutes prohibiting indecent exposure, arguing they violated equal protection by prohibiting female breast exposure while permitting male breast exposure. The court held that gender classifications in indecent exposure