Strict Scrutiny

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

• Westship, Inc. v. Trident Shipworks, Inc.
  247 B.R. 856· M.D. Fla.· 2000-04-11 ·cited 2×
  The court held that the Bankruptcy Court did not err in applying heightened scrutiny to the lease assumption, but erred in determining the Syncrolift Sublease was a true lease.
• Celli v. City of St. Augustine
  214 F. Supp. 2d 1255· M.D. Fla.· 2000-01-31 ·cited 2×
  The court held that the City of St. Augustine's ordinance prohibiting the use of public property for selling or displaying goods was unconstitutional on its face and as applied, violating the First Amendment.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  78 F. Supp. 2d 1327· S.D. Fla.· 1999-08-27 ·cited 2×
  The court held that Metropolitan Dade County Ordinance 96-13 is not substantially overbroad and is a constitutional content-neutral time, place, and manner regulation, denying plaintiffs' motion for summary judgment on these grounds.
• Danskine v. Metro Dade Cnty. Fire Dep't
  59 F. Supp. 2d 1252· S.D. Fla.· 1999-07-23 ·cited 2×
  The court held that the Fire Department's affirmative action plan, which granted hiring preferences to women, was valid under intermediate scrutiny due to evidence of past discrimination and ongoing statistical disparities. The court denied plaintiffs' motion and granted defendan
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• The Libertarian Party OF Fla. v. Smith
  665 So. 2d 1119· Fla. 1st DCA· 1996-01-04 ·cited 2×
  The Libertarian Party of Florida challenged a statute denying filing fee rebates to minor political parties (those with less than 5% of registered voters), arguing it violated Equal Protection and First Amendment rights by disadvantaging minor parties compared to major parties. T
• M.H. v. State
  622 So. 2d 105· Fla. 3d DCA· 1993-07-27 ·cited 2×
  The term "public housing facility" in section 893.13(l)(i) is not unconstitutionally vague because it is an accepted phrase in English vocabulary that persons of average intelligence can comprehend.
• US Taxpayers Party of Florida v. Smith
  871 F. Supp. 426· N.D. Fla.· 1993-06-14 ·cited 2×
  The court held that Florida's July 6 and July 15 deadlines for minor party candidates to file petition signatures do not unconstitutionally burden First and Fourteenth Amendment rights when considered with other ballot access regulations.
• Greidinger v. Davis
  988 F.2d 1344· 4th Cir.· 1993-03-22 ·cited 2×
  The court held that Virginia's voter registration scheme, which requires disclosure of a Social Security Number (SSN) and permits its public dissemination, unconstitutionally burdens the fundamental right to vote.
• Wauchope v. United States Dep't OF State
  985 F.2d 1407· 9th Cir.· 1993-02-16 ·cited 2×
• Southards v. Motel Mgmt. Co.
  610 So. 2d 524· Fla. 3d DCA· 1992-12-01 ·cited 2×
  Section 192.037, Florida Statutes (1991), is constitutional as applied to time-share developments; the statute bears a reasonable relation to the permissible legislative objective of efficient tax assessment and collection, and tax certificates issued pursuant to the statute are
• United Black Firefighters Ass'n v. City OF Akron
  976 F.2d 999· 6th Cir.· 1992-09-30 ·cited 2×
  The court held that the consent decree's provision to promote up to the 59th rank, which constituted a racial preference, violated the Equal Protection Clause because it lacked a strong basis in evidence of past discrimination by the City of Akron.
• Schumacher v. Robert N.C. NIX, Jr.
  965 F.2d 1262· 3d Cir.· 1992-06-03 ·cited 2×
  The court held that Pennsylvania Bar Admission Rule 203(a)(2)(ii) does not violate the Equal Protection Clause because it is rationally related to Pennsylvania's legitimate interest in securing mutual treatment for its attorneys seeking admission to other states' bars.
• Lightfoot v. March Fong EU
  964 F.2d 865· 9th Cir.· 1992-05-18 ·cited 2×
  California Elections Code sections 6653 and 6661(a) do not violate the First Amendment rights of political parties to freedom of association, as the state's interest in ensuring a modicum of support for ballot access and in maintaining democratic nomination processes outweighs th
• Harwin v. Goleta Water Dist.
  953 F.2d 488· 9th Cir.· 1991-12-30 ·cited 2×
  A water district ordinance that disqualifies a board member from considering a water service application if the applicant contributed $250 or more to the member's campaign, but does not disqualify the member if an opponent of the application made a similar contribution, violates
• Chestnut v. Magnusson
  942 F.2d 820· 1st Cir.· 1991-08-29 ·cited 2×
  A state's failure to provide good-time credits for pretrial detention, while allowing them for sentenced prisoners, does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Simon & Schuster, Inc. v. Gennaro Fischetti
  916 F.2d 777· 2d Cir.· 1990-10-03 ·cited 2×
  The statute, by targeting speech based on its content, violates the First Amendment because it is not narrowly tailored to serve a compelling state interest and is not the least restrictive means of achieving its objective.
• High Tech Gays v. Def. Indus. Sec. Clearance Off.
  909 F.2d 375· 9th Cir.· 1990-07-23 ·cited 2×
• Fabulous Assocs., Inc. v. Pa. Pub. Util. Comm'n
  896 F.2d 780· 3d Cir.· 1990-02-16 ·cited 2×
  The court held that the Pennsylvania statute requiring access codes for sexually explicit telephone messages impermissibly burdened adult First Amendment rights and was not the least restrictive means to protect minors.
• Maurice and Dolores Glosemeyer v. Missouri-Kansas-Texas Railroad
  879 F.2d 316· 8th Cir.· 1989-07-05 ·cited 2×
  The court held that § 1247(d) does not violate the Takings Clause because an adequate remedy exists under the Tucker Act for any potential taking, and that the statute does not violate the Commerce Clause or Contracts Clause.
• Austin v. Berryman
  878 F.2d 786· 4th Cir.· 1989-06-28 ·cited 2×
  Denying unemployment benefits to an individual who voluntarily quits to join a spouse in a new location does not unconstitutionally burden the free exercise of religion.
• Carver v. Sec'y OF Health & Human Servs.
  869 F.2d 289· 6th Cir.· 1989-03-09 ·cited 2×
  The court held that the doctrine of administrative res judicata did not bar the plaintiff's current application for benefits because it raised a colorable constitutional challenge to the Georgia statute that had precluded her husband from remarrying.
• Austin v. Berryman
  862 F.2d 1050· 4th Cir.· 1988-12-06 ·cited 2×
  The court held that the Virginia statute disqualifying spouses from unemployment benefits is not facially unconstitutional but violates the Free Exercise Clause as applied to Austin; however, the Eleventh Amendment bars retroactive monetary relief.
• Vasquez v. Cooper
  862 F.2d 250· 10th Cir.· 1988-11-30 ·cited 2×
  The Fourteenth Amendment requires a state court to give credit against a sentence for pre-conviction jail time served due to inability to post bail, even if the sentence is less than the statutory maximum.
• Duro v. Reina
  860 F.2d 1463· 9th Cir.· 1988-11-02 ·cited 2×
  The panel's holding that a tribal court may exercise criminal jurisdiction over an Indian who is not a member of the tribe is erroneous. Such jurisdiction is not among the inherent sovereign powers retained by tribes and overlooks clear Supreme Court pronouncements to the contrar
• THE Enter., Inc. v. The United States
  833 F.2d 1216· 6th Cir.· 1987-11-24 ·cited 2×
  The United States Postal Service's paid-subscriber rule, a requirement for subsidized second-class mailing rates, does not violate the First or Fifth Amendments.
• Josie Jaimes v. Lucas Metro. Hous. Auth. (Lmha)
  833 F.2d 1203· 6th Cir.· 1987-11-20 ·cited 2×
  The court held that a civil rights action seeking damages against HUD is barred by sovereign immunity, and HUD's duty is limited to technical assistance, not correcting all injustices.
• In re Talmadge v. Charles Duck/Appellee
  832 F.2d 1120· 9th Cir.· 1987-11-17 ·cited 2×
  California's exemption statutes, limiting married couples filing jointly to a single set of exemptions, do not violate the Equal Protection Clause or the Supremacy Clause.
• Grant v. Meyer
  828 F.2d 1446· 10th Cir.· 1987-09-02 ·cited 2×
  The Tenth Circuit Court of Appeals held that Colorado's statute prohibiting payment for the circulation of initiative or referendum petitions violates the First and Fourteenth Amendments. The court found that paying circulators is a form of political speech essential for dissemin
• United States v. Lehder-Rivas
  667 F. Supp. 827· M.D. Fla.· 1987-08-21 ·cited 2×
  The court held that enjoining the defendant from surveying potential jurors would be an unconstitutional prior restraint on his First Amendment rights absent a more convincing factual basis showing an imminent threat to the administration of justice.
• Davis v. DOW Chem. Corp.
  819 F.2d 231· 9th Cir.· 1987-06-05 ·cited 2×
  The court held that the discovery rule applies to Arizona's wrongful death statute of limitations when its application would otherwise bar an action before it could reasonably be discovered, to avoid constitutional infirmity.
• Vester v. W.P. Rogers
  795 F.2d 1179· 4th Cir.· 1986-07-18 ·cited 2×
  A prison regulation restricting inmate-to-inmate correspondence between institutions is constitutional if rationally related to legitimate penological objectives and does not constitute an absolute denial of speech rights.
• Mfrs. Hanover Tr. Co. v. United States
  775 F.2d 459· 2d Cir.· 1985-09-16 ·cited 2×
  The use of gender-based mortality tables to value reversionary interests for estate tax purposes constitutes unconstitutional gender discrimination because it disadvantages female decedents compared to similarly situated male decedents without a substantial relationship to an imp
• Love v. The Alamance Cnty. Bd. OF Educ.
  757 F.2d 1504· 4th Cir.· 1985-03-27 ·cited 2×
  The court held that the school board's articulated reasons for not promoting the plaintiff were legitimate and non-discriminatory, and that the plaintiff failed to prove pretext or a recent history of discrimination sufficient to shift the burden of persuasion.
• Stern v. Tarrant Cnty. Hosp. Dist.
  755 F.2d 430· 5th Cir.· 1985-03-18 ·cited 2×
  Arbitrary denial of hospital staff privileges, when state law grants equivalent medical degrees, deprives an individual of a Fourteenth Amendment property right.
• Ammons v. Dade City
  594 F. Supp. 1274· M.D. Fla.· 1984-09-21 ·cited 2×
  The court held that the City of Dade City engaged in unconstitutional racial discrimination by providing unequal municipal services, specifically street paving, to its black residents.
• Farrell v. City of Miami
  587 F. Supp. 413· S.D. Fla.· 1984-06-20 ·cited 2×
  The court held that the City of Miami's zoning ordinance, which restricts home occupations based on family residency, is a constitutional exercise of police power and not impermissibly vague as applied to the undisputed facts.
• Alaska Chapter v. Pierce
  694 F.2d 1162· 9th Cir.· 1982-12-17 ·cited 2×
  The HUD regulation implementing a preference for Indian-owned economic enterprises in housing construction contracts is authorized by the Indian Self-Determination Act and does not violate equal protection principles.
• Besig v. The Dolphin Boating & Swimming Club
  683 F.2d 1271· 9th Cir.· 1982-08-12 ·cited 2×
  The court held that the disparate treatment of members and nonmembers in accessing club facilities, as established by the Park Commission, did not violate the Equal Protection Clause because it was rationally related to legitimate governmental interests. The court also held that
• Ulmer D. Lynch v. Ill. State Bd. OF Elections
  682 F.2d 93· 7th Cir.· 1982-07-06 ·cited 2×
  The application of Ill.Rev.Stat. ch. 24, § 3-2-7 (1980) to fill an aldermanic vacancy by mayoral appointment, even for an extended period, is constitutional.
• Arredondo v. Brockette
  648 F.2d 425· 5th Cir.· 1981-06-19 ·cited 2×
  The court held that the Texas Education Code § 21.031(d), which requires minors living apart from parents to prove their presence in a school district is not primarily for attending free public schools, is constitutional.
• Thomas v. The U. S. Postal Inspection Serv.
  647 F.2d 1035· 10th Cir.· 1981-04-27 ·cited 2×
  The court held that the Postal Service's regulation setting a maximum age of thirty-four for beginning Postal Inspectors was rationally related to a legitimate government interest and thus constitutional.
• Oglesby v. Williams
  484 F. Supp. 865· M.D. Fla.· 1980-02-20 ·cited 2×
  The court held that Florida Statute 382.16(5)(c) is constitutional and does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Planned Parenthood OF Minnesota v. The State OF Minn.
  612 F.2d 359· 8th Cir.· 1980-01-02 ·cited 2×
  The court held that the Minnesota Family Planning Grants Act's exclusion of nonprofit corporations performing abortions, while funding hospitals and HMOs that also perform abortions, violates the Equal Protection Clause of the Fourteenth Amendment.
• Fisher v. Reiser
  610 F.2d 629· 9th Cir.· 1979-11-28 ·cited 2×
  Denying cost-of-living increases to workers' compensation beneficiaries solely because they have left the state infringes their constitutionally protected right to travel.
• Martin v. Tamaki
  607 F.2d 307· 9th Cir.· 1979-10-29 ·cited 2×
  A city ordinance mandating retirement at age 65 for DWP employees, while allowing other city employees to work until 70, does not violate equal protection because it is rationally related to legitimate government interests, and the delegation of authority to approve exceptions is
• The Alma Soc'y Inc. v. Mellon
  601 F.2d 1225· 2d Cir.· 1979-06-22 ·cited 2×
  New York statutes sealing adoption records do not violate the Fourteenth Amendment's Due Process or Equal Protection clauses, nor the Thirteenth Amendment, as they serve important state interests in protecting privacy and promoting adoption.
• Duncan v. Gen. Motors Corp.
  499 F.2d 835· 10th Cir.· 1974-07-02 ·cited 2×
  Denial of a wife's right to sue for loss of consortium, while allowing a husband to do so, violates the Fourteenth Amendment's Equal Protection Clause.
• Wacko's Too, Inc. v. City of Jacksonville
  134 F.4th 1178· 11th Cir.· 2025-04-23 ·cited 1×
  Jacksonville enacted an ordinance prohibiting erotic dancers under age 21 from performing in adult-entertainment establishments and requiring a licensing scheme for older dancers. The Eleventh Circuit upheld both provisions, holding that the age restriction should be treated as c
• Mgmt. Props., LLC v. Town of Redington Shores
  352 So. 3d 909· Fla. 2d DCA· 2022-12-05 ·cited 1×
  The appellate court reviewed a lower court's decision on a town ordinance regulating vacation rentals. While affirming most of the ordinance, the court reversed in part, finding that a mandatory reporting provision likely constituted an unconstitutional compelled speech violation