Strict Scrutiny

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

• Fleeman v. City OF ST. Augustine Beach
  728 So. 2d 1178· Fla. 5th DCA· 1998-12-18 ·cited 11×
  Fleeman petitioned for certiorari review of a circuit court's dismissal of his petition challenging a city's approval of a small-parcel comprehensive plan amendment. The Fifth District held that small-parcel amendments to comprehensive plans constitute legislative decisions not s
• Johnson v. Mortham
  915 F. Supp. 1529· N.D. Fla.· 1996-10-29 ·cited 11×
  Plaintiffs who successfully invalidated a racially gerrymandered congressional district are prevailing parties entitled to attorney fees under 42 U.S.C. § 1988 against state defendants, notwithstanding their subsequent objections to the legislature's remedial plan. Good faith, la
• Ray Lindley FOR David A. Lindley v. Louis W. Sullivan, M.D.
  889 F.2d 124· 7th Cir.· 1989-11-13 ·cited 11×
  The court held that Section 202(d)(8) of the Social Security Act, which limits Child Insurance Benefits for children adopted after the wage earner's disability onset date, does not violate the equal protection clause.
• Reba Williams Dixon v. Md. State Admin. Bd. OF Election Laws
  878 F.2d 776· 4th Cir.· 1989-06-28 ·cited 11×
  Maryland's requirement that non-indigent write-in candidates pay a filing fee to be certified and have their votes reported impermissibly infringes on voters' First and Fourteenth Amendment rights.
• Republican Party OF the State OF Conn. v. Tashjian
  770 F.2d 265· 2d Cir.· 1985-08-08 ·cited 11×
  The court affirmed the judgment, finding that political parties are entitled to make choices about their organizational models, provided they do not engage in invidious discrimination.
• Jones v. Bd. OF Comm'rs OF the Ala. State BAR
  737 F.2d 996· 11th Cir.· 1984-07-30 ·cited 11×
  The court held that the limited right of review for an Alabama Bar applicant who has failed the examination five times, combined with the five-time limitation on taking the bar examination, violates due process.
• Cleburne Living Ctr., Inc. v. City OF Cleburne
  726 F.2d 191· 5th Cir.· 1984-03-05 ·cited 11×
  The court held that the zoning ordinance excluding group homes for the mentally retarded violates the Equal Protection Clause of the Fourteenth Amendment because the mentally retarded constitute a quasi-suspect class requiring intermediate scrutiny, and the ordinance fails to sub
• Johann Schmidt and Leland Pollard v. Oakland Unified Sch. Dist.
  662 F.2d 550· 9th Cir.· 1981-11-05 ·cited 11×
  The court held that the Oakland Unified School District's affirmative action plan (AAP) for construction contracts is constitutional under the Equal Protection Clause, and affirmed the district court's grant of summary judgment for the defendants.
• Hetherton v. Sears
  652 F.2d 1152· 3d Cir.· 1981-06-25 ·cited 11×
  A Delaware statute requiring freeholder identification for deadly weapon purchases violates the Fourteenth Amendment's Equal Protection Clause because the classification lacks a rational basis.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  547 F.2d 835· 5th Cir.· 1977-02-02 ·cited 11×
  The dissenting judge would affirm the district court's decision, holding that a state child placement agency can constitutionally consider race as a factor in determining a child's best interests for adoption.
• Wollschlaeger v. Governor of the State OF Fla.
  797 F.3d 859· 11th Cir.· 2015-07-28 ·cited 10×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
• Jacobson v. Se. Pers. Leasing
  113 So. 3d 1042· Fla. 1st DCA· 2013-06-05 ·cited 10×
  A workers' compensation claimant challenged the constitutionality of Florida statutes prohibiting him from retaining counsel to defend against the employer/carrier's motion to tax costs. The First District held that sections 440.34 and 440.105(3)(c), as applied to preclude claima
• Complete Angler, LLC v. City of Clearwater
  607 F. Supp. 2d 1326· M.D. Fla.· 2009-04-09 ·cited 10×
  The court held that the city's application of its sign code to a mural and a First Amendment banner was content-based and failed strict scrutiny, warranting a preliminary injunction.
• State v. Walborn
  729 So. 2d 504· Fla. 2d DCA· 1999-04-07 ·cited 10×
  The statute prohibiting sexual activity between persons 24 or older and minors aged 16 or 17 does not violate equal protection or privacy rights, as the age classification is reasonable and serves the state's interest in protecting minors.
• Lawton Chiles v. State Emps. Attorneys Guild & Raymond J. Greene
  714 So. 2d 502· Fla. 1st DCA· 1998-06-03 ·cited 10×
  The State Employees Attorneys Guild challenged Florida's statutory ban on collective bargaining by state-employed attorneys, claiming it unconstitutionally abridged public employees' fundamental right to bargain collectively under the Florida Constitution. The court held the ban
• Cafe 207, Inc. v. St. Johns Cnty.
  856 F. Supp. 641· M.D. Fla.· 1994-06-23 ·cited 10×
  The St. Johns County Public Nudity Ordinance is constitutional and does not violate the First or Fourteenth Amendments.
• Flores v. Meese
  942 F.2d 1352· 9th Cir.· 1991-08-09 ·cited 10×
  The INS policy of incarcerating children pending deportation hearings, rather than releasing them to responsible non-relative adults, flagrantly violates due process.
• Gregoire v. Centennial Sch. Dist. & White
  907 F.2d 1366· 3d Cir.· 1990-06-22 ·cited 10×
  The court should conclude that Centennial established a nonpublic forum, applying lowered scrutiny to Student Venture's exclusion. The exclusion of Student Venture from the auditorium is reasonable and not an effort to suppress expression.
• B.B. McCORMICK & Sons, Inc. v. The City OF Jacksonville
  559 So. 2d 252· Fla. 1st DCA· 1990-03-20 ·cited 10×
  Appellants challenged the City of Jacksonville's decision to construct a sanitary landfill in a wetlands area, arguing it violated the city's comprehensive plan. The First District Court of Appeal affirmed the trial court's denial of the injunction, holding that competent substan
• Kaplan v. Cnty. OF LOS Angeles
  894 F.2d 1076· 9th Cir.· 1990-01-23 ·cited 10×
  The cost recovery system for candidate statements in voter pamphlets does not violate the First Amendment or the Equal Protection Clause.
• Messer v. Fran Curci
  881 F.2d 219· 6th Cir.· 1989-07-25 ·cited 10×
  The court should hold that the state's conduct violates the First Amendment and grant relief to the plaintiffs.
• Grandbouche v. Clancy
  825 F.2d 1463· 10th Cir.· 1987-08-13 ·cited 10×
  The court held that the trial court erred in dismissing the action without applying a First Amendment balancing test to the plaintiff's assertion of a privilege against discovery. The court also held that the action survives the plaintiff's death under Colorado law.
• Palm Harbor Special Fire Control Dist. v. Celestine Kelly
  500 So. 2d 1382· Fla. 2d DCA· 1987-01-23 ·cited 10×
  Palm Harbor Special Fire Control District appealed a Florida Department of Labor and Employment Security order granting a business agent's license to a non-citizen. The court held that while section 447.04(l)(a) specifically governs labor organization business agents and controls
• Christian Science Reading Room Jointly Maintained v. City & Cnty. OF SAN Francisco
  784 F.2d 1010· 9th Cir.· 1986-03-14 ·cited 10×
  The court held that the Airport's policy of refusing to rent to religious organizations, adopted to remedy perceived constitutional violations that did not exist, failed the rational relationship test and violated the Equal Protection Clause. The court also affirmed the district
• Shaffer v. Layhue
  687 F.2d 718· 3d Cir.· 1982-08-25 ·cited 10×
  The court held that the school board's decision to provide only one-way transportation for kindergarten students did not violate the Fourteenth Amendment's due process or equal protection clauses, as education is not a fundamental right and the decision had a rational basis.
• Nyberg v. The City OF Va. & Lewis A. McMillan
  667 F.2d 754· 8th Cir.· 1982-01-11 ·cited 10×
  The dissenting judge believes the majority opinion misinterprets Supreme Court precedent regarding public hospitals and abortion access.
• Block v. Potter
  631 F.2d 233· 3d Cir.· 1980-09-23 ·cited 10×
  The court held that the Virgin Islands Parole Statute does not create a liberty interest in parole, and therefore due process protections do not attach to parole denials. The court also found that denying parole based on a prisoner's advantageous social and economic background, a
• Reprod. Health Servs. v. Freeman
  614 F.2d 585· 8th Cir.· 1980-01-09 ·cited 10×
  The court affirmed the award of attorney's fees but reversed the trial court's ruling on the merits of the abortion funding claim.
• Socialist Workers Party v. March Fong EU
  591 F.2d 1252· 9th Cir.· 1978-09-26 ·cited 10×
  The court held that it has jurisdiction to hear the appeal and that California Elections Code § 10210 does not impose an unconstitutional burden on candidates' or voters' rights.
• Lt. Col. Vincent Puglisi v. The United States
  564 F.2d 403· Ct. Cl.· 1977-10-19 ·cited 10×
  The court held that the Dual Compensation Act of 1964, which reduces retirement pay for retired regular officers holding civilian federal positions while exempting retired reserve officers, does not violate the Constitution. The court found the distinction rationally related to l
• Miller v. Carter
  547 F.2d 1314· 7th Cir.· 1977-01-04 ·cited 10×
  A Chicago ordinance permanently barring individuals convicted of certain offenses from obtaining a public chauffeur's license violates the Equal Protection Clause of the Fourteenth Amendment due to irrational distinctions among ex-offenders.
• Am. Mini Theatres, Inc. v. Gribbs
  518 F.2d 1014· 6th Cir.· 1975-06-16 ·cited 10×
  The court held that the Detroit ordinance's 1000-foot provision, which restricts the concentration of adult businesses, is a permissible time, place, and manner regulation that does not violate the First Amendment or Equal Protection Clause.
• McDonough v. Garcia
  116 F.4th 1319· 11th Cir.· 2024-09-16 ·cited 9×
  James McDonough sued the City of Homestead after he was removed from a city council meeting and subsequently banned from city hall for alleged disruptive speech, challenging the ban as a violation of his First Amendment rights. The Eleventh Circuit held en banc that the city coun
• Fraternal Order of Police v. City of Miami
  243 So. 3d 894· Fla.· 2018-05-17 ·cited 9×
  Section 447.4095 is not void for vagueness and does not violate substantive due process or equal protection. The statute is constitutional because the legislature permissibly delegated to PERC the authority to define "financial urgency" based on its expertise, and the statute sat
• Miles v. City OF Edgewater Police Department/Preferred Governmental Claims Solutions & State of Fla.
  190 So. 3d 171· Fla. 1st DCA· 2016-04-20 ·cited 9×
  A law enforcement officer challenged Florida's workers' compensation attorney fee restrictions (§§ 440.105 and 440.34) as unconstitutional violations of First Amendment and contract rights. The court held that these fee caps, as applied to claimant-paid fees, unconstitutionally r
• Silvio Membreno & Fla. Ass'n OF Vendors, Inc. v. The City OF Hialeah
  188 So. 3d 13· Fla. 3d DCA· 2016-03-09 ·cited 9×
  Street vendors challenged Hialeah's ordinances restricting where they can vend and limiting inventory display. The court affirmed the ordinances' constitutionality under the rational basis test, rejecting the vendors' argument that Florida had abandoned the traditional rational b
• In re Name Change Petition OF Bryan Patrick Mullin
  892 So. 2d 1214· Fla. 2d DCA· 2005-02-11 ·cited 9×
  An inmate serving time for a 1980 felony conviction petitioned to change his name for religious reasons. The circuit court denied the petition under a statute enacted in 1995 requiring restoration of civil rights, but the appellate court reversed, holding that the statute cannot
• Lofton v. Sec'y OF THE Dep't OF Child. & Fam. Servs.
  377 F.3d 1275· 11th Cir.· 2004-07-21 ·cited 9×
  The Court affirmed the denial of rehearing en banc, holding that the Florida adoption statute prohibiting adoption by homosexuals is constitutional under rational basis review. The Court found that the legislature could reasonably believe that prohibiting adoption into homosexual
• Serv. Emps. Int'l Union, AFL-CIO v. Fair Political Practices Comm'n
  955 F.2d 1312· 9th Cir.· 1992-02-07 ·cited 9×
  The court held that Proposition 73's fiscal year contribution limits unconstitutionally discriminate against challengers, and that the ban on intra- and inter-candidate transfers also violates the First and Fourteenth Amendments.
• Crain v. Bd. OF Police Comm'rs OF the Metro. Police Dep't OF the City OF ST. Louis
  920 F.2d 1402· 8th Cir.· 1990-12-12 ·cited 9×
  The court held that the officer's due process rights were violated by the failure to provide a hearing on the extent of discipline, as the board considered a biased disciplinary record without the officer's input.
• Dole v. Shenandoah Baptist Church
  899 F.2d 1389· 4th Cir.· 1990-03-30 ·cited 9×
  The court held that the Fair Labor Standards Act applies to church-operated schools and their employees, and that such application does not violate the First or Fifth Amendments.
• Adela E. (Ratty) Izquierdo Prieto v. Agustin Mercado Rosa
  894 F.2d 467· 1st Cir.· 1990-01-23 ·cited 9×
  The court held that a government employee's claim of age discrimination under the Equal Protection Clause requires showing a lack of rational basis for the action, and that maximizing viewership is a rational basis for transferring a younger employee to a public television progra
• United States v. Starrett City Assocs.
  840 F.2d 1096· 2d Cir.· 1988-03-01 ·cited 9×
  Title VIII of the Fair Housing Act does not permit landlords to use rigid, indefinite racial quotas to maintain integration by restricting minority access to available housing.
• In re Grand Jury Proceedings. Storer Commc'ns, Inc. v. Wayne Cnty. Cir. Court Judge William J. Giovan
  810 F.2d 580· 6th Cir.· 1987-02-06 ·cited 9×
  The court affirmed the denial of the habeas petition, finding that the petitioner failed to establish a constitutional right to a newsman's privilege and that the petition improperly sought review of state court substantive decisions.
• BSA, Inc. v. King Cnty.
  804 F.2d 1104· 9th Cir.· 1986-11-20 ·cited 9×
  The court held that ordinances banning barroom nude dancing violate the First Amendment because they are overbroad and not justified by substantial governmental interests. Distance requirements, however, are permissible time, place, and manner regulations.
• Bonifacia Carrasco v. Secretary OF Health
  628 F.2d 624· 1st Cir.· 1980-06-11 ·cited 9×
  The court held that the Social Security Act's community income provision, 42 U.S.C. § 411(a)(5)(A), violates the Fifth Amendment's due process clause due to impermissible gender discrimination. The case is remanded for further factual development regarding partnership status and
• City OF Miami Beach v. Frankel
  363 So. 2d 555· Fla.· 1978-10-05 ·cited 9×
  The Florida Supreme Court upheld a state statute restricting municipal rent control powers against constitutional challenges by Miami Beach. The court affirmed that Chapter 77-50 validly conditions local rent control authority through general law, does not impermissibly amend the
• Pugh v. Rainwater
  557 F.2d 1189· 5th Cir.· 1977-08-22 ·cited 9×
  The court held that the Equal Protection Clause is violated unless a judge is required to consider less financially onerous forms of pretrial release before imposing money bail on indigent defendants.
• Thai Meditation Ass'n of Ala., Inc. v. City of Mobile
  83 F.4th 922· 11th Cir.· 2023-10-02 ·cited 8×
  The court held that summary judgment was improper on the RLUIPA claim due to factual disputes, proper on the Free Exercise claim, and that the City failed to meet strict scrutiny on the ARFA claim.
• ST. Johns Cnty. v. Smith
  766 So. 2d 1097· Fla. 5th DCA· 2000-08-11 ·cited 8×
  St. Johns County seeks certiorari review of a circuit court order that directed the County Commission to approve a PUD modification allowing a solid waste transfer facility. The District Court of Appeal reverses, holding that the circuit court erred in considering evidence outsid