Strict Scrutiny

963 Florida cases classified under this topic · sorted by citation count

• Yahweh v. United States Parole Comm'n
  158 F. Supp. 2d 1332· S.D. Fla.· 2001-08-15 ·cited 1×
  The court held that habeas corpus is not the exclusive remedy for parolees challenging their conditions of release, and that exhaustion of administrative remedies is not always required. Therefore, the court has jurisdiction over the action.
• Bainbridge v. Bush
  148 F. Supp. 2d 1306· M.D. Fla.· 2001-07-17 ·cited 1×
  Florida's direct shipment law, while discriminatory under the dormant Commerce Clause, is a constitutional exercise of state power under the Twenty-First Amendment because it serves core state interests like revenue collection and orderly market conditions.
• Sec. & Exch. Comm'n v. Digit. Lightwave, Inc.
  986 F. Supp. 2d 982· M.D. Fla.· 2000-09-07 ·cited 1×
  The court held that the SEC sufficiently pleaded fraud and fraudulent pledge of stock with particularity under Rule 9(b) and stated claims under federal securities laws, and that a pledge of stock for a loan constitutes a sale or offer under those laws.
• Bd. OF Cnty. Comm'rs OF Clay Cnty. v. Qualls
  772 So. 2d 544· Fla. 1st DCA· 2000-08-30 ·cited 1×
  The Board of County Commissioners of Clay County sought a writ of certiorari to overturn a trial court's decision quashing the Board's denial of a respondent's Small Scale Comprehensive Plan Amendment (SSCPA) and rezoning application. The court held that decisions regarding SSCPA
• Avis Rent A Car Sys., Inc. v. Aguilar
  529 U.S. 1138· U.S.· 2000-05-22 ·cited 1×
• Wright v. City of Tampa
  998 F. Supp. 1398· M.D. Fla.· 1998-03-26 ·cited 1×
  The court held that genuine issues of material fact exist regarding the plaintiff's ADA, Title VII, and § 1983 claims, precluding summary judgment.
• Mallory v. Harkness
  895 F. Supp. 1556· S.D. Fla.· 1995-07-07 ·cited 1×
  The court held that Florida Statute § 43.29(1)(a), which mandates race and gender-based quotas for Judicial Nominating Commissions, violates the Fourteenth Amendment's Equal Protection Clause and is therefore unconstitutional.
• United States v. Manuel
  992 F.2d 272· 10th Cir.· 1993-04-30 ·cited 1×
  The court affirmed the denial of the motion to suppress, holding that the initial encounter was consensual, the subsequent detention was supported by reasonable suspicion, and the consent to search was voluntary.
• Erwin L. Rupert v. Dir., United States Fish & Wildlife Serv.
  957 F.2d 32· 1st Cir.· 1992-02-19 ·cited 1×
  The government can exempt Native American tribes from the prohibition on possessing eagle feathers for religious purposes without violating the Establishment Clause, as this serves important governmental goals.
• Cone Corp. v. Hillsborough Cnty.
  777 F. Supp. 1558· M.D. Fla.· 1991-11-13 ·cited 1×
  The court found that material issues of fact remained regarding the constitutionality of the MBE program, precluding summary judgment on that motion, and that the plaintiffs had standing to challenge the program.
• Dimmitt v. City of Clearwater
  782 F. Supp. 586· M.D. Fla.· 1991-11-12 ·cited 1×
  A city ordinance limiting the number of American flags that can be displayed on private property is unconstitutional as applied to a commercial entity displaying multiple flags, as the display constitutes expressive conduct protected by the First Amendment.
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1556· S.D. Fla.· 1987-10-13 ·cited 1×
  The court held that the distance ordinances were facially valid time, place, and manner regulations, but the special uses ordinances restricting adult nightclubs to a specific zone were problematic and potentially unconstitutional as applied.
• State v. Friends of Children
  653 F. Supp. 1221· N.D. Fla.· 1986-12-24 ·cited 1×
  The court held that a Georgia-licensed adoption agency could conduct home studies, charge fees for them, and advertise in Florida without stating its non-licensure. It also held that Florida law did not prohibit pregnant women from traveling to Georgia for medical services, birth
• In re Alexander Grant & Co. Litig.
  629 F. Supp. 593· S.D. Fla.· 1986-03-03 ·cited 1×
  The court held that a protective order governing discovery materials is not a prior restraint on speech and is a proper exercise of the court's control over the discovery process.
• Hosp. Dev. & Serv. Corp. v. N. Broward Hosp. Dist.
  619 F. Supp. 535· S.D. Fla.· 1985-09-16 ·cited 1×
  The court held that the North Broward Hospital District is entitled to state action immunity on the antitrust claim and summary judgment on the equal protection claims. Broward County is also entitled to summary judgment on the equal protection claim.
• Dan v. Town OF Goshen
  635 F.2d 954· 2d Cir.· 1980-10-22 ·cited 1×
  The court held that the town's management of the Arcadia Hills Water District by a board elected by all town residents satisfied the rational basis test, and that claims of discrimination in water rates and supply were insufficient.
• Sanchez v. Pingree
  494 F. Supp. 68· S.D. Fla.· 1980-05-16 ·cited 1×
  The court held that Florida's one-year durational residency requirement for elderly benefits violates the Equal Protection Clause and the fundamental right to travel.
• The Florida Bar v. Crowley
  Fla.· 2026-07-09
  Rule 4-8.2(a) is unconstitutional as applied to a lawyer's campaign speech criticizing a fellow candidate for state attorney because it imposes a content-based restriction on protected political speech that fails strict scrutiny. The Bar's interest in protecting judicial system i
• Chiles v. Salazar Revisions: 3/31/26
  U.S.· 2026-03-31
  A licensed Colorado counselor challenged a state law banning conversion therapy for minors on First Amendment grounds, arguing that because she provides only talk therapy without physical interventions, the law restricts her speech in violation of free speech protections. The Sup
• Mirabelli v. Bonta
  U.S.· 2026-03-02
  The Supreme Court granted an application to vacate an interlocutory stay order, allowing a district court's injunction to remain in place pending appeal for parents challenging California's school policies on gender transitioning disclosure.
• Colt Handlon v. Div. of Fam. Servs.
  Del.· 2026-02-12
  Colt Handlon appeals a Family Court decision terminating his parental rights in his two minor children after they came into DFS custody due to drug ingestion while in the mother's care. The Delaware Supreme Court affirms the termination, holding that the court did not plainly err
• Baker v. City of Atlanta
  11th Cir.· 2026-01-09
  Four nonresident activists challenged Atlanta's requirement that signature gatherers on local referendum petitions be city residents, claiming it violated their First Amendment rights, and the district court granted their preliminary injunction. The Eleventh Circuit reversed, hol
• Humphreys v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2025-12-15
  The court held that the appellant has not shown a substantial likelihood of success on the merits of his equal protection claim, and therefore denied his emergency motion for a stay of execution pending appeal.
• In re Ga. Senate Bill 202
  11th Cir.· 2025-12-01
  The court held that the district court failed to conduct the required facial challenge analysis under Moody v. NetChoice, necessitating a remand.
• New S. Media Grp., LLC v. Rainbow City
  11th Cir.· 2025-11-14
  The court held that plaintiffs lacked standing to challenge sign regulations because the city denied their applications based on an unchallenged billboard prohibition, which was the actual cause of their injury.
• Vitali Kravchenko v. Town of Redington Beach
  M.D. Fla.· 2025-09-30
  The court adopted the Magistrate Judge's recommendation, denying Plaintiff's motion for partial summary judgment, granting Defendant's motion for summary judgment as to Count II, and denying Defendant's motion as to Count III.
• Gavin J. Birney v. C.A. No. K23C-07-019 RLG Del. Dep't OF Safety & Homeland Sec.
  Del. Super. Ct.· 2025-08-29
  The Delaware Superior Court held that HB 451, which prohibited individuals between the ages of 18 and 20 from purchasing or possessing most firearms, violated Article I, Section 20 of the Delaware Constitution. The court found that the law infringed upon the fundamental right to
• Black Voters Matter Capacity Bldg. Inst., Inc. v. Sec'y, Fla. Dep't of State
  415 So. 3d 180· Fla.· 2025-07-17
  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
• Fla. Decides Healthcare Inc v. Byrd
  N.D. Fla.· 2025-07-08
  A federal district court in Florida granted preliminary injunctions blocking enforcement of new state laws that restrict petition circulator eligibility, finding that the residency and citizenship requirements for those gathering signatures for ballot initiatives impose unconstit
• Bar-Levy v. Cruze
  M.D. Fla.· 2025-05-29
  The court held that the student failed to demonstrate a substantial likelihood of success on the merits for his First Amendment claims regarding graduation attire.
• HM Florida-ORL, LLC v. Sec'y of the Fla. Dep't of Bus. & Prof'l Reg.
  11th Cir.· 2025-05-13
  Florida's Senate Bill 1438 criminalized knowingly admitting children to "adult live performances," including those depicting "lewd conduct," but the Eleventh Circuit Court of Appeals held the law was likely unconstitutional on its face because the vague definition of "lewd conduc
• Nord Hodges v. Passidomo
  M.D. Fla.· 2025-03-31
  The court held that genuine factual issues exist regarding racial gerrymandering of District 16, but not for District 18, and dismissed one plaintiff for lack of standing.
• Floridians Protecting Freedom Inc v. Ladapo
  N.D. Fla.· 2024-10-17
  The court held that the state's actions in threatening broadcasters with prosecution for airing a political advertisement constituted unconstitutional coercion and viewpoint discrimination, violating the First Amendment.
• J.C. v. Dep't of Child. & Families
  Fla. 3d DCA· 2024-10-16
  Father challenged the termination of his parental rights under Florida Statute § 39.806(1)(f), which permits termination based on egregious abuse of a sibling. The Third District Court of Appeal affirmed the termination, holding that the statute survives strict scrutiny as narrow
• J.C. v. Dep't of Child. & Families
  Fla. 3d DCA· 2024-10-16
  The Florida Third District Court of Appeal affirmed a lower court decision terminating parental rights under section 39.806(1)(f), upholding the statute's constitutionality against strict scrutiny review and rejecting insufficiently argued appellate claims.
• Planned Parenthood of Southwest and Central Florida v. State of Fla. & Planned Parenthood of Sw. & Cent. Fla.
  384 So. 3d 67· Fla.· 2024-04-01
  The Florida Constitution's Privacy Clause does not guarantee a right to abortion and therefore does not invalidate a statute prohibiting abortions after 15 weeks of pregnancy. The Court receded from In re T.W. (1989) and related precedent that had recognized a broad right to abor
• Garcia v. Stillman
  S.D. Fla.· 2024-01-12
  The court granted plaintiffs' motion for an indicative ruling, stating it would clarify its prior summary judgment order to explicitly confirm that the In-Office Restrictions violated the First Amendment's overbreadth doctrine.
• Burroughs
  Del.· 2023-08-30
  The Delaware bail system, as reflected in Chapter 21 of Title 11 of the Delaware Code and related rules, does not violate the Equal Protection Clause of the Fourteenth Amendment. It also does not violate the Due Process Clause of the Fourteenth Amendment, provided that courts imp
• v. I.D. Nos. 1906017002
  Del. Super. Ct.· 2023-06-27
  The Court held that the indefinite detention of an incompetent criminal defendant under Delaware statutes 11 Del. C. §§ 403 and 404 is unconstitutional as applied to defendants unlikely to be restored to competency in the foreseeable future. The statutory release procedure under
• Grace, Inc. v. City of Miami
  S.D. Fla.· 2023-05-23
  The Court adopts the Magistrate Judge's Report and Recommendation, granting Plaintiffs' motion for a preliminary injunction because Plaintiffs have standing and are substantially likely to succeed on their claim that the City of Miami engaged in racial gerrymandering.
• L.T.G. v. State
  Fla. 3d DCA· 2023-05-03
  A juvenile's right to be physically present at an adjudicatory hearing requires a knowing, intelligent, and voluntary waiver, which cannot be satisfied by mere technical difficulties during remote participation.
• Garcia v. Stillman
  S.D. Fla.· 2023-02-28
  The court held that plaintiffs René Garcia and Javier Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions.
• Mgmt. Props., LLC v. Town of Redington Shores
  Fla. 2d DCA· 2022-12-05
  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
• Scoma Chiropractic, P.A. v. Nat'l Spine & Pain Ctrs. LLC
  M.D. Fla.· 2022-11-03
  Pain Management Consultants sent unsolicited faxes advertising telemedicine services to Scoma Chiropractic in violation of the TCPA's junk fax provision, and Scoma sought class certification to represent recipients of those faxes. The court held that the TCPA's junk fax provision
• Weister v. Vantage Point AI, LLC
  M.D. Fla.· 2022-10-12
  The court denied the motion to certify an interlocutory appeal because the defendant failed to demonstrate a substantial ground for difference of opinion on the controlling questions of law.
• Curling v. Worley
  11th Cir.· 2022-10-05
  The court held that the plaintiffs failed to show that Georgia's print date for paper backup voter lists imposed a severe burden on the right to vote, and thus the State's administrative concerns justified the current policy. The court dismissed the appeal regarding scanner setti
• Borges v. SmileDirectClub, LLC.
  S.D. Fla.· 2022-09-15
  The court denied the motion to dismiss, holding that the Florida Telephone Solicitation Act (FTSA) is not unconstitutionally vague and does not violate the First Amendment.
• Pariseau v. Built USA, LLC
  M.D. Fla.· 2022-08-05
  The court held that the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA) apply to text messages, and the FTSA is constitutional. Therefore, the defendant's motion to dismiss was denied.
• Hodges v. Hoffman (Sarasota)
  M.D. Fla.· 2022-04-01
  The court held that a federal habeas petitioner challenging unaffordable bail must demonstrate the trial court's ruling was not rationally related to a legitimate government interest, and that the state court complied with procedural due process by considering less restrictive al
• McGriff v. City of Miami Beach
  S.D. Fla.· 2022-03-29
  Artists McGriff, Yearwood, Jackson, and Guerrero contracted with Miami Beach to create and curate art installations for the ReFrame Miami Beach cultural programming event during Memorial Day weekend 2019, including an installation called "I See You, Too" that featured a memorial