Strict Scrutiny

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

• Miccosukee Tribe of Indians of Florida v. United States
  980 F. Supp. 448· S.D. Fla.· 1997-08-01 ·cited 8×
  The court granted summary judgment for the defendants, finding no genuine issue of material fact and that the defendants were entitled to judgment as a matter of law.
• Tobkin v. Jarboe
  695 So. 2d 1257· Fla. 4th DCA· 1997-05-21 ·cited 8×
  Tobkin appealed the dismissal of his defamation action against non-media defendants who made statements about him to The Florida Bar. The court affirmed dismissal on the alternative ground of absolute privilege for complaints made to the Bar, rather than on the pre-suit notice re
• State v. Republican Party OF Florida
  604 So. 2d 477· Fla.· 1992-08-27 ·cited 8×
  Subsections 106.29(l)(b), 106.07(3)(b), and 106.04(4)(b)(2) of the Florida Statutes, which impose a 1.5 percent assessment on political contributions to fund the Election Campaign Financing Trust Fund, are unconstitutional because they substantially burden First Amendment rights
• Disabled Am. Veterans v. United States Dep't OF Veterans Affairs
  962 F.2d 136· 2d Cir.· 1992-03-19 ·cited 8×
  The court held that 38 U.S.C. § 3205 survives rational basis scrutiny under the Equal Protection Clause, as it reasonably furthers legitimate governmental interests in deficit reduction, preventing remote heir inheritance, and limiting fiduciary abuse. The court also held that th
• Drew Brody v. Spang
  957 F.2d 1108· 3d Cir.· 1992-02-28 ·cited 8×
  The court held that the district court erred in denying intervention as of right because the parents' claims were not moot and the public forum status of the graduation ceremony was inadequately developed. The court remanded for further factual development on the public forum iss
• United States v. Taylor
  956 F.2d 572· 6th Cir.· 1992-02-10 ·cited 8×
  The majority opinion, which the author of this dissent disagrees with, validated a stop and seizure based on race, despite it being a constitutionally impermissible basis.
• Goodall v. Stafford Cnty. Sch. Bd.
  930 F.2d 363· 4th Cir.· 1991-04-11 ·cited 8×
  The court held that the School Board is not required to provide a cued speech interpreter at a private, sectarian school, as doing so would violate the Establishment Clause and federal/state laws prohibit such funding.
• Geary v. Renne
  911 F.2d 280· 9th Cir.· 1990-08-14 ·cited 8×
  A state constitutional provision banning political parties from endorsing candidates for nonpartisan office violates the First and Fourteenth Amendments by infringing on political speech and association rights without serving a compelling state interest narrowly tailored to its o
• Dep't OF Revenue v. Magazine Publishers OF Am., Inc.
  565 So. 2d 1304· Fla.· 1990-05-31 ·cited 8×
  The Florida Supreme Court held that Florida's sales tax scheme, which taxed magazines but exempted newspapers, violated the First Amendment by imposing discriminatory taxation on the press. The court affirmed the trial court's finding of unconstitutionality but reversed the remed
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Clarke v. United States
  886 F.2d 404· D.C. Cir.· 1989-09-26 ·cited 8×
  The court held that the Armstrong Amendment implicates the First Amendment and fails relevant Supreme Court tests because it burdens Council members' speech without sufficient justification.
• Rankin v. Indep. Sch. Dist. NO. I-3
  876 F.2d 838· 10th Cir.· 1989-06-02 ·cited 8×
  The court held that an Oklahoma statute requiring tenured teachers to pay half the cost of a due process hearing is facially unconstitutional as it imposes an impermissible burden on the right to due process, and that the plaintiff presented sufficient evidence of protected speec
• Dickerson v. Latessa
  872 F.2d 1116· 1st Cir.· 1989-04-25 ·cited 8×
  The dissenting judge argues that the distinction in appeal rights between capital and non-capital defendants, based on whether claims are 'new and substantial,' lacks a rational basis and is unconstitutional.
• Messiah Baptist Church v. The Cnty. OF Jefferson
  859 F.2d 820· 10th Cir.· 1988-10-06 ·cited 8×
  The dissent argues that zoning regulations prohibiting or unduly restricting places of worship on private property violate the First Amendment's Free Exercise Clause, speech, and assembly rights.
• Eisenbud v. Suffolk Cnty. & Suffolk Cnty. Bd. of Pub. Disclosure
  841 F.2d 42· 2d Cir.· 1988-03-08 ·cited 8×
  The court held that while the district court should have applied an intermediate standard of review, the County's financial disclosure law is constitutional under that standard and does not violate equal protection rights.
• Mich. Rd. Builders Ass'n, Inc. v. Milliken
  834 F.2d 583· 6th Cir.· 1987-11-25 ·cited 8×
  The dissenting judge would affirm the district court's judgment, arguing that the majority misinterprets Wygant and that Michigan's affirmative action program is constitutional.
• Bowman v. Niagara Mach. & Tool Works, Inc.
  832 F.2d 1052· 7th Cir.· 1987-11-03 ·cited 8×
  The court held that Indiana's statute of repose does not violate the Commerce Clause or the Equal Protection Clause, and therefore affirmed the district court's grant of summary judgment.
• Higgins v. City OF Vallejo
  823 F.2d 351· 9th Cir.· 1987-07-29 ·cited 8×
  The court held that the City's affirmative action plan, which allowed race to be considered as a factor among qualified candidates for promotion, was consistent with Title VII and the Equal Protection Clause, and therefore the promotion of Cooley over Higgins was lawful.
• Citizens FOR John W. Moore Party v. Bd. OF Election Comm'rs OF the City OF Chicago
  794 F.2d 1254· 7th Cir.· 1986-07-08 ·cited 8×
  Illinois Election Code § 10-4, prohibiting individuals from circulating petitions for more than one party in an election season, does not unconstitutionally burden First Amendment rights of speech and association.
• Frazier v. Honorable Frederick J.R. Heebe
  788 F.2d 1049· 5th Cir.· 1986-04-24 ·cited 8×
  The court held that the residency-or-office requirement for bar admission, as applied, was unreasonable and arbitrary, failing to withstand equal protection scrutiny.
• Goldman v. Secretary OF Defense
  734 F.2d 1531· D.C. Cir.· 1984-05-08 ·cited 8×
  The court held that the Air Force's interest in strict enforcement of its uniform regulations, even if arbitrary, is sufficient to justify prohibiting a religious head covering, given the military's need for discipline and uniformity.
• Anatoly Arutunoff v. The Okla. State Election Bd.
  687 F.2d 1375· 10th Cir.· 1982-09-03 ·cited 8×
  The court held that the Oklahoma election laws substantially restrict minority parties' ballot access and thus must be subjected to strict judicial scrutiny.
• In re United States ex rel. Mo. State High Sch. Activities Ass'n v. Mo. State High Sch. Activities Ass'n
  682 F.2d 147· 8th Cir.· 1982-04-22 ·cited 8×
  A rule barring student athletes from participation for one year after transferring schools, even if applied to private schools, does not violate the federal Constitution.
• Taxation with Representation of Washington v. Regan
  676 F.2d 715· D.C. Cir.· 1982-03-26 ·cited 8×
  The court held that the lobbying restriction in I.R.C. § 501(c)(3) is a constitutional condition on tax benefits, serving a substantial governmental interest without violating the First Amendment.
• Osterndorf v. Turner
  411 So. 2d 330· Fla. 5th DCA· 1982-03-24 ·cited 8×
  Florida homeowners challenged a five-year durational residency requirement for an enhanced homestead tax exemption as violating equal protection and due process rights. The court affirmed the statute's constitutionality, finding the rational basis test rather than strict scrutiny
• Haw. Boating Ass'n v. Water Transp. Facilities Div.
  651 F.2d 661· 9th Cir.· 1981-07-20 ·cited 8×
  The court held that Hawaii's Act 221, which imposed higher fees on non-residents for state small boat harbor privileges, did not violate the Equal Protection Clause or the Privileges and Immunities Clause. The court also found no merit in claims under the Land and Water Conservat
• Jamieson v. Robinson
  641 F.2d 138· 3d Cir.· 1981-02-12 ·cited 8×
  A state prisoner's claim that a particular institution lacks a work release program does not violate the Equal Protection Clause, as prison administrators have discretion in establishing such programs based on reasonable policy decisions.
• In re Paris AIR Crash of March 3 v. Plaintiffs IN MDL 172
  622 F.2d 1315· 9th Cir.· 1980-06-02 ·cited 8×
  California's rule disallowing punitive damages in wrongful death actions does not violate the federal or state equal protection clauses, as the distinction rationally serves legislative purposes.
• Pappanastos v. The Bd. OF Trs. OF the Univ. OF Ala.
  615 F.2d 219· 5th Cir.· 1980-04-08 ·cited 8×
  The court held that the university's accreditation requirement for its graduate tax program did not violate the Equal Protection Clause.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. Bowen
  600 F.2d 667· 7th Cir.· 1979-05-16 ·cited 8×
  The court held that the state's asserted government interests did not justify restricting ISKCON's religious ritual (Sankirtan) to a booth, as less restrictive means were available to address concerns like public safety, fraud, and litter.
• Drianne Benner v. Oswald
  592 F.2d 174· 3d Cir.· 1979-01-24 ·cited 8×
  The court held that the selection process for the Pennsylvania State University board of trustees does not violate the Equal Protection Clause because the right to vote for university trustees is not a fundamental right requiring strict scrutiny, and the existing selection proces
• United States v. Wynde
  579 F.2d 1088· 8th Cir.· 1978-06-26 ·cited 8×
  The court held that 18 U.S.C. § 922(h) is constitutional and does not violate equal protection, and that the government need not prove the defendant received the firearm prior to any intervening intrastate movement.
• Mapes v. The United States
  576 F.2d 896· Ct. Cl.· 1978-05-17 ·cited 8×
  The court held that the federal tax system's "marriage penalty" does not violate the Fifth Amendment's due process or equal protection guarantees.
• Gault v. Garrison
  569 F.2d 993· 7th Cir.· 1977-12-20 ·cited 8×
  The dissenting judge would hold that the plaintiff failed to demonstrate an infringement of her constitutional equal protection rights based on age discrimination in employment.
• Kalina v. R.R. Ret. Bd.
  541 F.2d 1204· 6th Cir.· 1976-09-13 ·cited 8×
  The court held that the Railroad Retirement Act's requirement for husbands of female annuitants to prove dependency, while wives of male annuitants are presumed dependent, violates the equal protection component of the Due Process Clause.
• White v. Fleming
  522 F.2d 730· 7th Cir.· 1975-07-24 ·cited 8×
  The court held that a Milwaukee ordinance prohibiting female employees of Class B taverns from sitting with male patrons or behind the bar violates the Equal Protection Clause of the Fourteenth Amendment.
• Kinney Kinmon LAU v. Nichols
  483 F.2d 791· 9th Cir.· 1973-01-08 ·cited 8×
  The court held that the Equal Protection Clause does not require the state to provide bilingual instruction to non-English speaking students, as the state's action was not deemed discriminatory and the educational opportunity offered was considered equal.
• Chapman v. Gerard
  456 F.2d 577· 3d Cir.· 1972-02-28 ·cited 8×
  The court held that the Virgin Islands Code § 173, as amended, is unconstitutional because it bars residents from the Territorial Scholarship Fund solely based on alienage, violating the Fourteenth Amendment's Equal Protection Clause.
• E.A. v. Dep't of Child. & Families
  46 Fla. L. Weekly D1807· Fla. 4th DCA· 2021-12-08 ·cited 7×
  The father appeals a final judgment terminating his parental rights, challenging the constitutionality of sections 39.806(1)(f) and (l), Florida Statutes, and arguing insufficient evidence supported termination. The court affirmed the termination under sections 39.806(1)(f) and (
• Henderson v. McMurray
  987 F.3d 997· 11th Cir.· 2021-02-09 ·cited 7×
  The court held that the Hendersons failed to state a claim because their complaint lacked critical facts to establish a violation of their First Amendment rights, specifically regarding the noise provision in their permit.
• Loper v. The NEW York City Police Dep't
  999 F.2d 699· 2d Cir.· 1993-07-29 ·cited 7×
  The court held that New York Penal Law § 240.35(1), prohibiting loitering for the purpose of begging, violates the First Amendment because it is an overbroad restriction on speech and expressive conduct in a traditional public forum.
• Lutz v. City of York
  899 F.2d 255· 3d Cir.· 1990-03-28 ·cited 7×
  The court held that the right to intrastate travel exists and is protected by substantive due process, but the ordinance is a reasonable time, place, and manner restriction subject to intermediate scrutiny. The court also rejected the overbreadth challenge as inapplicable outside
• R.I. Minority Caucus, Inc. v. Baronian
  590 F.2d 372· 1st Cir.· 1979-01-11 ·cited 7×
  The court affirmed the denial of a preliminary injunction because the alleged harm was dissipated by the passage of the 1978 election, rendering the request for interim relief moot.
• United States v. Jackson
  553 F.2d 109· D.C. Cir.· 1976-12-21 ·cited 7×
  The court denied the suggestion for rehearing en banc, with a statement clarifying the scope and impact of the panel's prior opinion.
• Eknes-Tucker v. Governor of the State of Ala.
  114 F. 4th 1241· 11th Cir.· 2024-08-28 ·cited 6×
  Paul Eknes-Tucker, a reverend and parent, along with other parents and transgender minors, challenged Alabama's Vulnerable Child Compassion and Protection Act, which prohibits prescribing puberty-blocking medications and cross-sex hormones to minors, arguing the law violated the
• Henry v. Attorney Gen., State of Ala.
  45 F.4th 1272· 11th Cir.· 2022-08-18 ·cited 6×
  William Henry, a state representative, challenged Alabama's grand jury secrecy law, arguing that it violated his First Amendment free speech rights by prohibiting him from disclosing his testimony and other information he learned while testifying before a grand jury investigating
• Otto v. City of Boca Raton
  41 F.4th 1271· 11th Cir.· 2022-07-20 ·cited 6×
  Robert Otto and Julie Hamilton challenged ordinances enacted by the City of Boca Raton and Palm Beach County that prohibited licensed therapists from providing sexual orientation change efforts (SOCE) to minors, arguing the ordinances violated their First Amendment rights. The El
• Morrissey v. United States
  871 F.3d 1260· 11th Cir.· 2017-09-25 ·cited 6×
  Joseph Morrissey, a homosexual man, sought to deduct over $55,000 in expenses for identifying, retaining, and compensating an egg donor and gestational surrogate as medical care under I.R.C. § 213. The Eleventh Circuit held that these expenses do not qualify as deductible medical
• FOX v. Hamptons at Metrowest Condo. Ass'n, Inc.
  223 So. 3d 453· Fla. 5th DCA· 2017-07-21 ·cited 6×
  Howard Fox appealed a civil contempt order for violating a settlement agreement with his condominium association. The trial court prohibited Fox from posting about the Hamptons or Association on any website, blog, or social media. The appellate court held that the blanket prohibi
• State v. Gainesville Woman Care LLC
  187 So. 3d 279· Fla. 1st DCA· 2016-02-26 ·cited 6×
  Florida appealed a trial court's temporary injunction blocking enforcement of a 2015 law imposing a 24-hour waiting period for abortion procedures. The appellate court reversed, finding the trial court's injunction order deficient in factual findings, evidentiary support, and leg