Strict Scrutiny

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

• Fraternal Order OF Police v. Dep't OF State
  392 So. 2d 1296· Fla.· 1980-11-06 ·cited 23×
  The Florida Supreme Court upheld the constitutionality of the Law Enforcement Funds Act, which regulates solicitation of contributions on behalf of law enforcement organizations, while affirming the trial court's decision to strike down two fee-limitation provisions as unconstitu
• United States v. City OF Chicago
  870 F.2d 1256· 7th Cir.· 1989-03-15 ·cited 22×
  The court held that the denial of intervention in the first suit (United States v. City of Chicago) was affirmed, but the denial of intervention in the second suit (Bigby v. City of Chicago) was reversed, allowing white female sergeants to intervene. The appeal from the judge's r
• Jackson Water Works, Inc. v. The Pub. Utils. Comm'n OF the State OF Cal.
  793 F.2d 1090· 9th Cir.· 1986-07-08 ·cited 22×
  The statutory scheme allowing a city to unilaterally choose between state court condemnation proceedings (with jury trial and appeal rights) and Public Utilities Commission proceedings (without such rights) for similarly-situated utilities violates the Equal Protection Clause.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  749 F.2d 113· 2d Cir.· 1984-11-02 ·cited 22×
  The FCC's time-channeling regulation for dial-a-porn services is set aside because it is not narrowly tailored to serve a compelling governmental interest and less restrictive alternatives were not adequately considered.
• Hickey v. Morris
  722 F.2d 543· 9th Cir.· 1983-12-23 ·cited 22×
  Washington's procedures for the commitment and release of insanity acquittees do not violate equal protection or due process rights, as the differences are substantially related to important governmental objectives and justifiable distinctions between the classes.
• Cal. Ass'n OF the Physically Handicapped, Inc. v. Fed. Commc'ns Comm'n & United States
  721 F.2d 667· 9th Cir.· 1983-12-08 ·cited 22×
  The court held that broadcast licenses are not federal financial assistance under Section 504 of the Rehabilitation Act, and the FCC is not obligated to enforce Section 504 or incorporate its standards into the Communications Act. Furthermore, the district court lacked subject ma
• Donnelly v. Lynch
  691 F.2d 1029· 1st Cir.· 1982-11-03 ·cited 22×
  The court held that the creche is a purely Christian religious symbol, distinct from the secular aspects of the Christmas holiday.
• Meloon v. Helgemoe
  564 F.2d 602· 1st Cir.· 1977-10-31 ·cited 22×
  New Hampshire's gender-based statutory rape law violates the Fourteenth Amendment's Equal Protection Clause because the classification is not substantially related to important governmental objectives.
• West v. Brown
  558 F.2d 757· 5th Cir.· 1977-09-01 ·cited 22×
  The court held that the challenge to the Army's regulation barring enlistment of unwed parents is nonreviewable as a matter of law.
• Junior Chamber OF Commerce OF Rochester, Inc. v. The United States Jaycees
  495 F.2d 883· 10th Cir.· 1974-04-16 ·cited 22×
  The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
• State v. Conforti
  688 So. 2d 350· Fla. 4th DCA· 1997-01-08 ·cited 21×
  Florida appeals the dismissal of lewdness charges against two exotic dancers who performed explicit sexual acts in a private room at an adult entertainment venue. The trial court had declared the lewdness statute unconstitutional on First Amendment, vagueness, overbreadth, and pr
• LEE Cnty. v. Sunbelt Equities, II
  619 So. 2d 996· Fla. 2d DCA· 1993-05-14 ·cited 21×
  Lee County appealed a circuit court decision that granted Sunbelt Equities' petition for writ of certiorari challenging the county commission's denial of a rezoning application. The Second DCA adopted the functional analysis from Snyder v. Brevard County to classify site-specific
• Duro v. Reina
  851 F.2d 1136· 9th Cir.· 1987-07-09 ·cited 21×
  The dissent argues that retained tribal sovereignty applies only to tribal members, and federal statutes do not grant tribes criminal jurisdiction over nonmember Indians, leading to potential discrimination.
• Sudomir v. McMAHON
  767 F.2d 1456· 9th Cir.· 1985-08-12 ·cited 21×
  The Secretary's interpretation of 'permanently residing in the United States under color of law' is unreasonable as applied to asylum applicants awaiting a final decision, and these plaintiffs are eligible for benefits.
• Town OF Ball v. Rapides Parish Police Jury
  746 F.2d 1049· 5th Cir.· 1984-11-19 ·cited 21×
  The court held that the Equal Protection Clause applies to state tax revenue distribution, but the parish's exclusion of the Town of Ball from sales tax revenues had a rational basis, specifically the need to secure repayment of bonds.
• Moishe Meyer Rosen v. The Port OF Portland
  641 F.2d 1243· 9th Cir.· 1981-03-05 ·cited 21×
  The court held that an airport ordinance requiring advance notice and identification for demonstrations is a valid restriction on First Amendment rights.
• Salem INN, Inc. v. Frank
  522 F.2d 1045· 2d Cir.· 1975-08-28 ·cited 21×
  The court held that the town's ordinance banning topless dancing in certain establishments was unconstitutionally overbroad and violated the Equal Protection Clause.
• 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 ·cited 20×
  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
• Headley v. City OF Miami
  215 So. 3d 1· Fla.· 2017-03-02 ·cited 20×
  The Florida Supreme Court resolved a conflict between two appellate court decisions regarding whether employers must demonstrate that funds are available from no other reasonable source before unilaterally modifying a collective bargaining agreement under the financial urgency st
• T.M.H. v. D.M.T.
  79 So. 3d 787· Fla. 5th DCA· 2011-12-23 ·cited 20×
  This landmark Florida case addresses whether two women in a same-sex relationship who conceived a child through in vitro fertilization—using one woman's genetic material implanted in the other—share parental rights. The court held that both the biological and birth mother have co
• J.P. v. State
  832 So. 2d 110· Fla. 2d DCA· 2002-08-16 ·cited 20×
  J.P. challenges a Tampa juvenile curfew ordinance that prohibited minors under 17 from being in public places during specified nighttime hours. After initially upholding the ordinance under heightened scrutiny, the court reconsidered it under strict scrutiny as directed by the Fl
• State v. T.M.
  761 So. 2d 1140· Fla. 2d DCA· 2000-05-17 ·cited 20×
  The State appeals a trial court's decision declaring Pinellas Park's juvenile curfew ordinance unconstitutional as an infringement on parental rights. The appellate court reverses, holding that the ordinance withstands heightened constitutional scrutiny and is constitutional, tho
• Dep't OF Revenue v. Magazine Publishers OF Am., Inc.
  604 So. 2d 459· Fla.· 1992-07-23 ·cited 20×
  The Florida Supreme Court held that Florida's sales tax scheme, which exempts newspapers but taxes magazines, violates the First Amendment because it is content-based. However, the court reversed the trial court's remedy, holding that under Florida law the proper solution is to e
• Mann v. City OF Albany
  883 F.2d 999· 11th Cir.· 1989-09-15 ·cited 20×
  The court held that res judicata does not bar Mann's claim and vacated the district court's summary judgment, remanding for further proceedings considering City of Richmond v. J.A. Croson Co.
• Christy v. Hodel
  857 F.2d 1324· 9th Cir.· 1988-09-21 ·cited 20×
  The court held that the Endangered Species Act and its regulations do not unconstitutionally deprive plaintiffs of property without due process or equal protection, nor do they constitute a taking without just compensation.
• Hernandez v. Commissioner OF Internal Revenue
  819 F.2d 1212· 1st Cir.· 1987-06-01 ·cited 20×
  Payments made to a church in exchange for specific services, set at fixed prices by the church, are not deductible as charitable contributions under Section 170 of the Internal Revenue Code because they represent quid pro quo transactions rather than gifts.
• Graham v. Gul T. Ramani
  383 So. 2d 634· Fla.· 1980-05-01 ·cited 20×
  The Florida Supreme Court affirmed a trial court decision striking down the citizenship requirement for notaries public under the Equal Protection Clause of the Fourteenth Amendment. The court held that because notary public duties are ministerial in nature and do not involve for
• Wynn v. Carey
  599 F.2d 193· 7th Cir.· 1979-05-22 ·cited 20×
  The court affirmed the district court's decisions holding substantial portions of the Illinois Abortion Act of 1975 and the Illinois Abortion Parental Consent Act of 1977 unconstitutional.
• Adams v. Reuben O'D. Askew
  511 F.2d 700· 5th Cir.· 1975-04-21 ·cited 20×
  The court held that Florida's candidate filing fee statutes were constitutional as applied to candidates able but unwilling to pay, and that plaintiffs lacked standing to assert the rights of indigent candidates.
• City OF Fort Lauderdale v. Dhar
  185 So. 3d 1232· Fla.· 2016-02-25 ·cited 19×
  The Florida Supreme Court affirmed a lower court decision invalidating a provision of the Mark Wandall Traffic Safety Program as applied to short-term vehicle renters cited for red light camera violations. The statute unconstitutionally treated short-term renters differently than
• In the Interest of Z.C.(1) & Z.C.(2) v. K.D. and Z.H.
  88 So. 3d 977· Fla. 2d DCA· 2012-05-09 ·cited 19×
  The Florida Second District Court of Appeal reversed a trial court's denial of the Department of Children and Family Services' petition to terminate parental rights to twin infants and sua sponte placement in permanent guardianship with maternal grandparents. The court held that
• Montgomery v. State
  69 So. 3d 1023· Fla. 5th DCA· 2011-09-16 ·cited 19×
  Montgomery challenges Florida's noise statute (Fla. Stat. § 316.3045) as unconstitutionally vague and overbroad after being stopped for playing loud music from his car, during which police discovered drugs. The Fifth District held the statute is not vague but is unconstitutionall
• D.P. v. State
  705 So. 2d 593· Fla. 3d DCA· 1997-12-10 ·cited 19×
  D.P., a juvenile, challenged the facial constitutionality of Dade County's anti-graffiti ordinance that restricts minors' possession of spray paint and broad-tipped markers without adult supervision or property owner consent. The Third District Court of Appeal upheld the ordinanc
• Lamprecht v. Fed. Commc'ns Comm'n
  958 F.2d 382· D.C. Cir.· 1992-02-19 ·cited 19×
  The court held that the relationship between gender of station owners and diversity in programming was not substantial enough to justify a gender-based distinction that would otherwise offend the Constitution's equal protection principles.
• Shurberg Broad. OF Hartford, Inc. v. Fed. Commc'ns Comm'n
  876 F.2d 902· D.C. Cir.· 1989-03-31 ·cited 19×
  The FCC's minority distress sale program violates the Equal Protection Clause of the Fifth Amendment because it is not narrowly tailored to achieve its stated goals of remedying past discrimination or promoting programming diversity. The program unduly burdens innocent non-minori
• FW/PBS, Inc. v. The City OF Dallas
  837 F.2d 1298· 5th Cir.· 1988-02-12 ·cited 19×
  The court held that the majority failed to apply the correct legal standards and strict scrutiny to the City of Dallas's licensing ordinance for sexually oriented businesses, particularly concerning procedural safeguards and substantive provisions.
• United States v. Alcee L. Hastings
  695 F.2d 1278· 11th Cir.· 1983-01-04 ·cited 19×
  Federal rules prohibiting electronic media coverage of criminal trials do not violate the First or Sixth Amendments.
• Price v. Comm'r, Ala. Dep't OF Corr., Warden, Holman Corr. Facility
  920 F.3d 1317· 11th Cir.· 2019-04-10 ·cited 18×
  The court affirmed the denial of the summary judgment and preliminary injunction motions, and denied the stay of execution because the appellant failed to show a substantial likelihood of success on the merits of his claims.
• Jackson v. State
  137 So. 3d 470· Fla. 4th DCA· 2014-03-26 ·cited 18×
  Jermaine Jackson appealed his life sentence for armed robbery with a firearm while wearing a mask, challenging the imposition of costs and the constitutionality of Florida's Youthful Offender Act as amended in 2008. The court reversed and remanded regarding the costs imposed but
• Lowell Joseph Kuvin v. City OF Coral Gables
  45 So. 3d 836· Fla. 3d DCA· 2010-08-25 ·cited 18×
  Kuvin challenges a municipal zoning ordinance prohibiting overnight parking of trucks in residential areas unless garaged, arguing it violates his First Amendment right of freedom of association and is unconstitutionally vague. The Florida District Court of Appeal affirms the ord
• In re the Commitment OF Keith Norwood Smith v. State
  827 So. 2d 1026· Fla. 2d DCA· 2002-09-11 ·cited 18×
  Keith Norwood Smith challenged a trial court's blanket denial of his objections to answering deposition questions in a sexually violent predator (SVP) civil commitment proceeding, claiming violations of his Fifth Amendment self-incrimination rights, privacy rights, and equal prot
• Hendry Corp. v. State
  503 So. 2d 944· Fla. 1st DCA· 1987-02-27 ·cited 18×
  The court held that section 339.0805, Florida Statutes, is a constitutional grant of discretion to the Secretary of DOT, not an unlawful delegation of legislative authority.
• Edwards v. Valdez
  789 F.2d 1477· 10th Cir.· 1986-05-05 ·cited 18×
• Safley v. Turner
  777 F.2d 1307· 8th Cir.· 1985-11-19 ·cited 18×
  The court held that the strict scrutiny standard was correctly applied to inmate correspondence and marriage regulations, and that the regulations were unconstitutional as applied or on their face.
• Lieutenant Mary Ogden v. The United States
  758 F.2d 1168· 7th Cir.· 1985-03-29 ·cited 18×
  The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.
• City of LAS Vegas v. Honorable Roger D. Foley
  747 F.2d 1294· 9th Cir.· 1984-11-21 ·cited 18×
  The court held that discovery into the subjective motivations of legislators for enacting a zoning ordinance is generally impermissible, even in First Amendment challenges, and that mandamus is appropriate to prevent such discovery.
• Kromnick v. Sch. Dist. OF Philadelphia
  739 F.2d 894· 3d Cir.· 1984-07-17 ·cited 18×
  The court held that the district court erred in finding the School District's faculty integration policy violated the Equal Protection Clause and Title VII, reversing the injunction.
• Arceneaux v. Treen
  671 F.2d 128· 5th Cir.· 1982-03-22 ·cited 18×
  The court held that Louisiana's dual employment law withstands equal protection scrutiny under the minimum rationality test mandated by Dukes.
• John Donnelly & Sons v. Campbell
  639 F.2d 6· 1st Cir.· 1980-12-22 ·cited 18×
  The Maine Traveler Information Services Act unconstitutionally abridges First Amendment rights by impermissibly restricting both ideological and commercial speech.
• Wren v. Nolan Jones
  635 F.2d 1277· 7th Cir.· 1980-12-10 ·cited 18×
  The court held that the plaintiffs failed to prove that their political affiliation was a motivating factor in their layoffs, and that fiscal restraints justified the employment decisions.