Strict Scrutiny

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

• Mancuso v. Taft
  476 F.2d 187· 1st Cir.· 1973-03-20 ·cited 18×
  A city charter provision prohibiting classified civil servants from becoming candidates for public office violates the Equal Protection Clause because it is not narrowly tailored to serve a compelling government interest.
• LaCroix v. Town of Fort Myers Beach
  38 F.4th 941· 11th Cir.· 2022-06-28 ·cited 17×
  The Eleventh Circuit held that the Town's complete ban on portable signs likely violates the First Amendment because it forecloses a venerable form of speech and does not leave open ample alternative channels for communication.
• Del Castillo v. Sec'y, Fla. Dep't of Health
  26 F.4th 1214· 11th Cir.· 2022-02-18 ·cited 17×
  The Eleventh Circuit held that Florida's Dietetics and Nutrition Practice Act, as applied to the plaintiff, did not violate her First Amendment free speech rights because it regulated professional conduct with only an incidental effect on speech, and this reasoning from Locke v.
• Harbourside Place, LLc v. Town of Jupiter
  958 F.3d 1308· 11th Cir.· 2020-05-14 ·cited 17×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, finding that the plaintiff failed to establish a likelihood of success on its claims that it qualifies as an outdoor venue and that the challenged sections of the Jupiter Code
• Elly Marisol Estrada v. Becker
  917 F.3d 1298· 11th Cir.· 2019-03-06 ·cited 17×
  DACA recipients challenged Georgia's policy requiring its three most selective public universities to verify the "lawful presence" of admitted students, arguing the policy was preempted by federal immigration law and violated equal protection rights. The Eleventh Circuit affirmed
• Jackson v. State
  191 So. 3d 423· Fla.· 2016-05-05 ·cited 17×
  Jermaine Jackson, convicted of robbery with a firearm at age 21, challenged Florida's Youthful Offender Act as unconstitutional, arguing the age-at-sentencing requirement violates equal protection and due process. The Florida Supreme Court upheld the statute, holding that youthfu
• Anne G. Stuart v. Roache
  951 F.2d 446· 1st Cir.· 1991-12-23 ·cited 17×
  The Consent Decree requiring race-conscious promotions remains legally valid because it serves a compelling interest in remedying past discrimination and is narrowly tailored.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. LEE
  925 F.2d 576· 2d Cir.· 1991-02-08 ·cited 17×
  The court denied rehearing en banc.
• Wilson v. Stocker
  819 F.2d 943· 10th Cir.· 1987-05-14 ·cited 17×
  The court held that the Oklahoma statute prohibiting anonymous campaign literature distribution is facially overbroad and violates the First Amendment, and that attorney's fees were properly awarded under 42 U.S.C. § 1988.
• Galas v. Richard McKEE & the Metro. Gov't of Nashville
  801 F.2d 200· 6th Cir.· 1986-09-11 ·cited 17×
  The court held that a high-speed police pursuit of a traffic offender does not constitute an unreasonable seizure under the Fourth Amendment, nor does it violate the Fourteenth or Eighth Amendments. The court affirmed the grant of summary judgment for the defendants.
• Otey v. Best
  680 F.2d 1231· 8th Cir.· 1982-06-23 ·cited 17×
  The court held that the prison regulation prohibiting death row inmates from attending corporate worship services did not impermissibly infringe on the inmate's First Amendment right to free exercise of religion, as it was reasonably justified by institutional security concerns.
• AD World, Inc. v. Twp. of Doylestown
  672 F.2d 1136· 3d Cir.· 1982-02-05 ·cited 17×
  A township ordinance prohibiting the distribution of advertising material to residences without affirmative consent violates the First and Fourteenth Amendments because the publication is considered noncommercial speech and the ordinance is not narrowly tailored to serve a substa
• Honeyfund.Com Inc v. Governor, State of Fla.
  94 F.4th 1272· 11th Cir.· 2024-03-04 ·cited 16×
  The Eleventh Circuit held that Florida's Individual Freedom Act, which restricts mandatory workplace trainings based on their content and viewpoint, is an unconstitutional restriction on speech, not a permissible regulation of conduct.
• Animal Rights Found. OF Fla., Inc. v. Siegel
  867 So. 2d 451· Fla. 5th DCA· 2004-02-06 ·cited 16×
  The Animal Rights Foundation of Florida appealed a temporary injunction prohibiting it from making specific statements and picketing regarding alleged animal abuse at a timeshare resort. The court reversed, holding that the injunction improperly restricted the Foundation's First
• City OF Jacksonville Beach v. Coastal Dev. OF N. Fla., Inc.
  730 So. 2d 792· Fla. 1st DCA· 1999-03-30 ·cited 16×
  The City of Jacksonville Beach sought certiorari review of a trial court decision that treated the city's denial of a small-scale development amendment application as a quasi-judicial action subject to strict scrutiny. The court held that small-scale development amendments to com
• State Emps. Attorneys Guild v. State of Fla. & Pub. Emps. Relations Comm'n
  653 So. 2d 487· Fla. 1st DCA· 1995-04-13 ·cited 16×
  The court affirmed the dismissal of the petition because the legislature amended the statute to exclude state attorneys from collective bargaining, but declined to rule on the statute's constitutionality due to an insufficient factual record.
• Bullfrog Films, Inc. v. Wick
  847 F.2d 502· 9th Cir.· 1988-05-17 ·cited 16×
  The court held that the USIA regulations, which discriminate based on the content of films seeking certification under the Beirut Agreement, violate the First Amendment and are therefore invalid.
• Griffin High Sch. v. Ill. High Sch. Ass'n
  822 F.2d 671· 7th Cir.· 1987-06-10 ·cited 16×
  The court held that IHSA by-law 3.043, which created different eligibility rules for student athletes transferring between public and private schools, did not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment.
• United States v. Alexander
  805 F.2d 1458· 11th Cir.· 1986-12-15 ·cited 16×
  The court held that the retrospective application of Federal Rule of Evidence 704(b) did not violate the ex post facto clause and did not violate equal protection, as it rationally served a compelling government interest in ensuring jury determination of legal insanity.
• United States v. Cohen
  733 F.2d 128· D.C. Cir.· 1984-05-04 ·cited 16×
• Murillo v. Bambrick
  681 F.2d 898· 3d Cir.· 1982-06-17 ·cited 16×
  The court held that New Jersey's statute imposing higher filing fees in matrimonial actions than in other civil cases did not violate the Equal Protection Clause of the Fourteenth Amendment.
• Tallulah Morgan v. O'Bryant
  671 F.2d 23· 1st Cir.· 1982-02-17 ·cited 16×
  The court affirmed the district court's orders regarding faculty and administrator layoffs, finding them to be reasonable and constitutionally permissible race-conscious remedies to preserve desegregation progress.
• Kite v. Bailey Marshall
  661 F.2d 1027· 5th Cir.· 1981-11-20 ·cited 16×
  The University Interscholastic League's rule suspending athletic eligibility for attending training camps does not violate the Fourteenth Amendment's due process or equal protection clauses.
• Perry Local Educators' Ass'n v. Hohlt
  652 F.2d 1286· 7th Cir.· 1981-06-24 ·cited 16×
  The court held that granting exclusive access to a school's internal mail system to one union while denying it to a competing union violates the First Amendment and Equal Protection Clause.
• Mass. Coal. OF Citizens With Disabilities v. Civil Def. Agency & Off. OF Emergency Preparedness OF the Commonwealth OF Mass.
  649 F.2d 71· 1st Cir.· 1981-05-26 ·cited 16×
  The court held that the trial court did not err in denying a preliminary injunction because the plaintiffs failed to demonstrate a probability of irreparable harm or a likelihood of success on the merits.
• Britton v. Rogers
  631 F.2d 572· 8th Cir.· 1980-10-02 ·cited 16×
  The court held that the district court erred in granting a writ of habeas corpus, finding no constitutional defect in the conviction or sentence, and that sentencing guidelines are not constitutionally mandated in non-capital cases.
• Elssy Rivas Tenorio v. Liga Atletica Interuniversitaria
  554 F.2d 492· 1st Cir.· 1977-05-03 ·cited 16×
  The court held that the actions of the Liga Atlética Interuniversitaria (LAI) constitute Commonwealth action subject to constitutional scrutiny, and that the regulation discriminating against non-Puerto Rican athletes on its face requires strict judicial review.
• Byrle L. Dillenburg v. Kramer
  469 F.2d 1222· 9th Cir.· 1972-11-16 ·cited 16×
  The court held that a challenge to Washington's disenfranchisement laws for convicted felons raises a substantial federal question requiring a three-judge court.
• January Littlejohn v. Sch. Bd. of Leon Cnty. Fla.
  132 F.4th 1232· 11th Cir.· 2025-03-12 ·cited 15×
  January and Jeffrey Littlejohn challenged school officials' actions in creating a Student Support Plan for their child, who expressed a gender identity different from their parents' wishes, without parental notification or involvement under the school board's LGBTQ+ support guide
• Domineque Hakim Marcelle RAY v. Comm'r, Ala. Dep't OF Corr.
  915 F.3d 689· 11th Cir.· 2019-02-06 ·cited 15×
  The Eleventh Circuit held that the district court erred in denying a stay of execution, finding a substantial likelihood of success on the Establishment Clause claim and that other equitable factors favored the stay.
• Samples v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  114 So. 3d 912· Fla.· 2013-05-16 ·cited 15×
  The Florida Supreme Court upheld the constitutionality of section 766.31(l)(b)1 of the Florida Birth-Related Neurological Injury Compensation Plan, which caps parental compensation at a single $100,000 award per claim regardless of the number of parents. The Court held that the l
• Simmons v. State
  886 So. 2d 399· Fla. 1st DCA· 2004-11-15 ·cited 15×
  Michael John Simmons appealed his convictions under Florida Statutes sections 847.0135 and 847.0138, which criminalize luring minors online and transmitting harmful material to minors via electronic mail. The Florida First District Court of Appeal upheld the convictions, rejectin
• Rodriguez v. State
  906 So. 2d 1082· Fla. 3d DCA· 2004-01-21 ·cited 15×
  Alberto Rodriguez was convicted of resisting arrest, fleeing police, unlawful display of law enforcement indicia, and reckless driving after a high-speed motorcycle chase. The appellate court reversed his conviction for unlawfully displaying a "POLICE" shirt, finding the statute
• Siegel v. LePore
  120 F. Supp. 2d 1041· S.D. Fla.· 2000-11-13 ·cited 15×
  Federal courts should not intervene preliminarily in state election procedures, as the state's interest in conducting its elections and the potential for federal overreach outweigh the plaintiffs' speculative claims of injury from manual recounts.
• Duke v. Cleland
  954 F.2d 1526· 11th Cir.· 1992-02-11 ·cited 15×
  The appellate court affirmed the district court's denial of a preliminary injunction, holding that the appellants were unlikely to succeed on the merits of their claim that the exclusion of David Duke from the Republican presidential preference primary ballot violated their First
• Zombro v. Baltimore City Police Dep't
  868 F.2d 1364· 4th Cir.· 1989-03-03 ·cited 15×
  The court held that the Age Discrimination in Employment Act (ADEA) provides the exclusive remedy for age discrimination claims, precluding a separate action under 42 U.S.C. § 1983, even when the claim is framed as a Fourteenth Amendment violation.
• Rainbow Coal. OF Okla. v. The Okla. State Election Bd.
  844 F.2d 740· 10th Cir.· 1988-04-18 ·cited 15×
  A dissenting justice argued that the defendant was entitled to a new appeal due to the trial court's improper use of collateral crimes evidence during the sentencing phase, which improperly influenced the imposition of the death penalty.
• United States v. Avendano-Camacho
  786 F.2d 1392· 9th Cir.· 1986-04-14 ·cited 15×
  The court held that the differing time limits for government and individual appeals do not violate equal protection, and that untimely filing due to attorney neglect does not constitute excusable neglect to grant an extension.
• J. and R. DOE Ad Litem for I. Doe v. Plyler
  628 F.2d 448· 5th Cir.· 1980-10-20 ·cited 15×
  The court held that Texas's denial of free public education to undocumented alien children violates the Equal Protection Clause of the Fourteenth Amendment, but it does not impermissibly interfere with federal law (preemption).
• Fullilove v. Kreps
  584 F.2d 600· 2d Cir.· 1978-09-22 ·cited 15×
  The court held that the minority business enterprise (MBE) provision of the Public Works Employment Act of 1977 is a constitutionally valid exercise of congressional power to remedy past discrimination.
• NetChoice, LLC v. Attorney Gen., State of Fla.
  34 F.4th 1196· 11th Cir.· 2022-05-23 ·cited 14×
  Social-media platforms Facebook, Twitter, YouTube, and TikTok are private companies whose content-moderation decisions constitute protected editorial judgment under the First Amendment, and therefore Florida's S.B. 7072, which prohibits them from deplatforming political candidate
• The Fla. House OF Representatives v. The League OF Women Voters OF Fla.
  118 So. 3d 198· Fla.· 2013-07-11 ·cited 14×
  The Florida Supreme Court held that circuit courts have subject matter jurisdiction to adjudicate fact-based challenges to legislative apportionment plans under article III, section 21 of the Florida Constitution, even after the Court has conducted its mandatory thirty-day facial
• State v. Sholl
  18 So. 3d 1158· Fla. 1st DCA· 2009-09-25 ·cited 14×
  The State appealed a trial court's dismissal of two criminal charges against John Sholl for lewd or lascivious exhibition and transmitting material harmful to minors via electronic device. The appellate court reversed, holding that each charge had sufficient factual support, the
• Easy WAY OF LEE Cnty., Inc. v. LEE Cnty.
  674 So. 2d 863· Fla. 2d DCA· 1996-05-24 ·cited 14×
  The court partially reversed a summary judgment upholding Lee County's Noise Control Ordinance, finding the "plainly audible" standard and its measurement provisions unconstitutionally overbroad and vague as applied to free speech, while affirming the remainder of the ordinance a
• Beagle v. Beagle
  654 So. 2d 1260· Fla. 1st DCA· 1995-05-16 ·cited 14×
  Paternal grandparents challenged a trial court's finding that Florida's grandparent visitation statute (section 752.01(l)(e)) was facially unconstitutional as applied to intact families. The appellate court reversed, holding the statute does not violate parental privacy rights un
• Cunico v. Pueblo Sch. Dist. NO. 60
  917 F.2d 431· 9th Cir.· 1990-10-19 ·cited 14×
  The court held that the School District's decision to retain a black administrator over a more senior white employee, based on race, constituted unlawful discrimination, and that the District could not justify this action under its affirmative action plan or by claiming it would
• Long v. City OF Saginaw
  911 F.2d 1192· 6th Cir.· 1990-08-14 ·cited 14×
  The court held that the city's furlough-recall amendment to its affirmative action plan was unconstitutional because it was not justified by a compelling governmental interest, as there was insufficient evidence of prior discrimination by the police department.
• Paul and Mona Anetekhai v. Immigr. & Naturalization Serv.
  876 F.2d 1218· 5th Cir.· 1989-07-12 ·cited 14×
  The court held that 8 U.S.C. § 1154(h), which requires aliens who marry U.S. citizens while deportation proceedings are pending to reside outside the U.S. for two years, is constitutional. This provision withstands challenges under the Fifth, First, Ninth, and Tenth Amendments.
• Olsen v. Drug Enforcement Administration
  878 F.2d 1458· D.C. Cir.· 1989-06-20 ·cited 14×
  The dissenting judge would grant the petition for review and remand to the agency, finding the DEA's denial of a religious exemption violated the Establishment Clause by preferring one religion over another without sufficient justification.
• Ripplinger v. Collins
  868 F.2d 1043· 9th Cir.· 1989-02-24 ·cited 14×
  The court held that the Arizona obscenity statute's definition of 'appeal to the prurient interest' is constitutional, as it focuses on the material's capacity to appeal to a shameful or morbid interest, not on whether it actually arouses the average person. The cable television