Strict Scrutiny

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

• N.B. v. Fla. Dep't OF Child. & Families
  183 So. 3d 1186· Fla. 3d DCA· 2016-01-13 ·cited 6×
  The court held that the termination of parental rights was supported by substantial, competent evidence and that the challenged statute was constitutional.
• Wollschlaeger v. Governor OF THE State OF Fla.
  814 F.3d 1159· 11th Cir.· 2015-12-14 ·cited 6×
  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 and Fourteenth Amendments. The court found that the Act's provisions restr
• Searcy Denney Scarola Barnhart & Shipley, P.A. v. State
  194 So. 3d 349· Fla. 4th DCA· 2015-07-15 ·cited 6×
  Law firms that represented Aaron Edwards in a medical malpractice case against a state entity sought $2.5 million in attorneys' fees, but the legislature's claims bill limiting such fees to $100,000 was upheld as a constitutional exercise of legislative authority that does not im
• League of Women Voters of Fla. v. Browning
  575 F. Supp. 2d 1298· S.D. Fla.· 2008-08-06 ·cited 6×
  The court granted plaintiffs' motion for a preliminary injunction, finding that the Amended Law likely violates the First Amendment by chilling protected speech and association.
• State v. O'Daniels
  911 So. 2d 247· Fla. 3d DCA· 2005-09-28 ·cited 6×
  Florida appealed a trial court's order dismissing charges against O'Daniels for violating Miami Beach's street performance ordinance, which banned all street performances and art vending except in eleven designated permit locations. The Third District Court of Appeal affirmed the
• Granite State Outdoor Advertising, Inc. v. City of Clearwater
  213 F. Supp. 2d 1312· M.D. Fla.· 2002-07-23 ·cited 6×
  The court held that individual defendants are entitled to qualified immunity and that suits against them in their official capacities are duplicative. The court also found the plaintiff has standing to challenge certain provisions of the sign ordinance as an overbreadth issue but
• Hernando Cnty. Bd. OF Cnty. Comm'rs v. S.A. Williams Corp.
  630 So. 2d 1155· Fla. 5th DCA· 1993-12-10 ·cited 6×
  The Florida Fifth District Court of Appeal quashed a circuit court order that suspended the Board's revocation of S.A. Williams Corporation's preliminary approval to operate a landfill. The court held that equitable estoppel did not apply because Williams failed to act in good fa
• Sanjour v. Env't Prot. Agency
  984 F.2d 434· D.C. Cir.· 1993-01-29 ·cited 6×
  The regulation's broad ban on privately reimbursed travel expenses for federal employees speaking on official matters is an unconstitutional infringement on First Amendment rights because it is overinclusive and potentially discriminatory.
• Officers FOR Justice v. The Civil Serv. Comm'n OF the City & Cnty. OF SAN Francisco
  979 F.2d 721· 9th Cir.· 1992-11-05 ·cited 6×
  The court held that the City's 'banding' of promotion examination scores, which allows for race to be considered as a factor in promotion decisions within statistically derived bands, is a legally valid affirmative action measure under Title VII, the Equal Protection Clause, and
• United States v. Williams
  949 F.2d 220· 6th Cir.· 1991-11-15 ·cited 6×
  The court held that the district court's conclusion that probable cause supported the arrest was not clearly erroneous, despite a significant racial component.
• Planned Parenthood OF S. Nev., Inc. v. Clark Cnty. Sch. Dist.
  941 F.2d 817· 9th Cir.· 1991-08-05 ·cited 6×
• Walsh v. Brady
  927 F.2d 1229· D.C. Cir.· 1991-03-15 ·cited 6×
• Vandiver v. Hardin Cnty. Bd. OF Educ.
  925 F.2d 927· 6th Cir.· 1991-02-12 ·cited 6×
  The court held that the student's free exercise and equal protection claims failed because the state's academic credit requirements were neutral, generally applicable laws, and that the parents' claims were barred by the statute of limitations and lack of standing.
• Wilson v. Nat'l Labor Relations Bd.
  920 F.2d 1282· 6th Cir.· 1990-12-04 ·cited 6×
  Section 19 of the National Labor Relations Act, 29 U.S.C. § 169, is unconstitutional because it facially discriminates among religions and fails strict scrutiny and the Lemon test. The statute cannot be construed to avoid this constitutional defect.
• Hughes v. Lipscher
  906 F.2d 961· 3d Cir.· 1990-06-29 ·cited 6×
  The court held that federal courts should abstain from deciding the case pending a decision from the New Jersey Supreme Court on the interpretation of a state administrative directive.
• Henne v. Wright
  904 F.2d 1208· 8th Cir.· 1990-05-23 ·cited 6×
  The court held that parents have a fundamental right to name their children, and the state's interest in administrative convenience is not compelling enough to override this right.
• Gregory v. City OF Alachua
  553 So. 2d 206· Fla. 1st DCA· 1989-10-30 ·cited 6×
  The Gregorys challenged two development orders rezoning neighboring property from agricultural to commercial and mobile home park uses, asserting the City failed to make required findings of consistency with its comprehensive plan. The trial court rendered judgment for the defend
• Cone Corp. v. Hillsborough Cnty.
  723 F. Supp. 669· M.D. Fla.· 1989-10-16 ·cited 6×
  The court must consider four factors to grant a preliminary injunction: likelihood of prevailing on merits, irreparable injury, harm to opposing parties, and public interest.
• Osceola L. Fletcher v. Marino
  882 F.2d 605· 2d Cir.· 1989-06-20 ·cited 6×
  The court held that the Serrano Law's restrictions on community school board membership are constitutional under the First Amendment, as they serve a rational state interest in deterring political influence and are not unduly burdensome.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Nat'l Funeral Servs., Inc. v. Rockefeller
  870 F.2d 136· 4th Cir.· 1989-03-07 ·cited 6×
  The court held that the West Virginia regulations on funeral directors' speech are permissible time, place, and manner restrictions serving a significant government interest.
• Manifold v. Blunt
  863 F.2d 1368· 8th Cir.· 1988-12-14 ·cited 6×
  The state's early filing requirement for presidential electors of new political parties, which burdens political participation, is unconstitutional under strict scrutiny.
• Hatten v. Rains
  854 F.2d 687· 5th Cir.· 1988-08-25 ·cited 6×
  A mandatory retirement age for judges, standing alone, does not violate the Equal Protection Clause, and barring a judge from the ballot due to this age does not violate First Amendment rights of association, as precedent binds the court.
• Islamic Ctr. OF Miss., Inc. v. City OF Starkville
  840 F.2d 293· 5th Cir.· 1988-03-23 ·cited 6×
  The City's denial of an exception to use property for religious worship violated the free exercise of religion clause because the City failed to establish a sufficient secular reason for the denial and did not uniformly enforce its zoning ordinance.
• NEW Jersey Citizen Action & the N.J. League of Conservation Voters v. Edison Twp.
  797 F.2d 1250· 3d Cir.· 1986-08-05 ·cited 6×
  The majority opinion violates the court's Internal Operating Procedures by contradicting a prior panel decision, and the fingerprinting requirement is constitutional.
• Pomerantz v. Woodlands Section 8 Ass'n, Inc.
  479 So. 2d 794· Fla. 4th DCA· 1985-12-04 ·cited 6×
  The Pomerantzes challenged a deed restriction in their Woodlands Section 8 home that prohibited permanent residents under age 16, claiming it was unconstitutional after they had a baby in 1983. The court affirmed the enforcement of the restriction, holding that age-based housing
• J.A. Croson Co. v. City OF Richmond
  779 F.2d 181· 4th Cir.· 1985-11-25 ·cited 6×
  A city ordinance establishing a racial set-aside for public contracts is invalid because the city lacked state authority to enact it and failed to make adequate factual findings to justify the racial classification under federal law.
• Birth Control Ctrs., Inc. v. Maurice S. Reizen, M.D.
  743 F.2d 352· 6th Cir.· 1984-08-30 ·cited 6×
  The court held that the Michigan first trimester abortion regulations are oppressive and unconstitutional as applied to clinics performing first trimester abortions.
• Parsons v. Cnty. OF DEL Norte
  728 F.2d 1234· 9th Cir.· 1984-03-20 ·cited 6×
  The court should address the standing issue, as it is a threshold jurisdictional question, even if not briefed by the parties.
• Brown v. Alexander
  718 F.2d 1417· 6th Cir.· 1983-10-06 ·cited 6×
  The court held that subsections (5) and (7) of the Act, like subsection (6), offend the Equal Protection Clause by discriminating between unions based on associational rights and ideas, requiring strict scrutiny.
• Cruz v. Ferre
  571 F. Supp. 125· S.D. Fla.· 1983-08-02 ·cited 6×
  A city ordinance regulating 'indecent' material on cable television violates the First Amendment's free speech guarantee and its enforcement procedures violate due process.
• Joyner v. Mofford
  706 F.2d 1523· 9th Cir.· 1983-05-23 ·cited 6×
  Arizona's constitutional provision requiring state officials to resign before running for federal office in the final year of their term does not violate the U.S. Constitution's Qualifications Clause or the Equal Protection Clause.
• MacEluch v. Wysong
  680 F.2d 1062· 5th Cir.· 1982-07-21 ·cited 6×
  The court held that Texas's licensing scheme, which requires physicians to use the designation corresponding to their degree (M.D. or D.O.), does not violate equal protection, the Texas Constitution, or the First Amendment.
• The City OF Akron v. Bell
  660 F.2d 166· 6th Cir.· 1981-08-27 ·cited 6×
  The court should affirm the district court's judgment regarding the application of the residency requirement to ward council candidates.
• Moreno v. Univ. OF Md.
  645 F.2d 217· 4th Cir.· 1981-03-26 ·cited 6×
  The University's "In-State" status policy denied due process and equal protection to G-4 visa holders, and its agreement to pay tuition refunds constituted a waiver of Eleventh Amendment immunity.
• Paul and Joyce Sturgell v. Creasy
  640 F.2d 843· 6th Cir.· 1981-02-11 ·cited 6×
  The court held that reducing AFDC benefits due to receipt of a veteran's non-service connected pension is consistent with federal law and does not violate the Constitution.
• McCOY-Elkhorn Coal Corp. v. United States Env't Prot. Agency
  622 F.2d 260· 6th Cir.· 1980-06-02 ·cited 6×
  Section 125 of the Clean Air Act is constitutional on its face, as it is a valid exercise of Congress's Commerce Clause power and does not violate the Fifth Amendment's Due Process Clause.
• Uzzell v. Friday
  591 F.2d 997· 4th Cir.· 1979-02-02 ·cited 6×
  The dissenting judges believe the case should be remanded for further evidence and findings of fact regarding the university's regulations and potential mootness.
• Antonio v. Kirkpatrick
  579 F.2d 1147· 8th Cir.· 1978-09-28 ·cited 6×
  A ten-year durational residency requirement for the office of State Auditor is unconstitutional as it lacks a rational relationship to a legitimate state interest and violates equal protection.
• Fla. State Bd. OF Dentistry v. Robert J. H. Mick, D.D.S.
  361 So. 2d 414· Fla.· 1978-07-27 ·cited 6×
  The court reviewed a nonfinal order requiring a dentist to produce office records in a license revocation proceeding, finding the order consistent with a prior case regarding the right to remain silent.
• Confederated Bands AND Tribes OF the Yakima Indian Nation v. State OF Wash.
  552 F.2d 1332· 9th Cir.· 1977-04-29 ·cited 6×
  Washington's partial assumption of criminal jurisdiction based on land title classification violates the Equal Protection Clause.
• Tomlinson v. The Mayor & Aldermen OF the City OF Savannah
  543 F.2d 570· 5th Cir.· 1976-12-06 ·cited 6×
  The court held that prior Supreme Court dismissals for want of a substantial federal question, as interpreted in Hicks v. Miranda, foreclosed reconsideration of identical constitutional challenges to the Savannah ordinance.
• Cousins v. City Council OF the City OF Chicago
  503 F.2d 912· 7th Cir.· 1974-09-09 ·cited 6×
  The court held that the district court's finding of purposeful racial discrimination in the drawing of the 7th ward boundaries was clearly erroneous, but affirmed the district court's findings regarding other wards and claims.
• Bell v. Hongisto
  501 F.2d 346· 9th Cir.· 1974-07-26 ·cited 6×
  California Code of Civil Procedure § 1222, which denies a right to appeal contempt convictions and bail pending review, does not violate the Equal Protection Clause, and § 1211, permitting summary contempt punishment, was not applied in violation of Due Process.
• Norwalk Core v. Norwalk Bd. OF Educ.
  423 F.2d 121· 2d Cir.· 1970-03-10 ·cited 6×
  The court held that a school board's decision to close a school and bus students cannot be sustained if based in part on racial hostilities, even if the ultimate goal is integration.
• Cobb Cnty. Sch. Dist.
  111 F.4th 1312· 11th Cir.· 2024-08-13 ·cited 5×
  The Eleventh Circuit dismissed the appeal for lack of jurisdiction because the Cobb County School District, having lost its party status, lacked standing to appeal the preliminary injunction as a nonparty amicus curiae.
• McDonough v. Garcia
  90 F.4th 1080· 11th Cir.· 2024-01-10 ·cited 5×
  James McDonough, a citizen activist removed from a Homestead city council meeting after verbally attacking a council member, sued the city and police officers claiming violations of his First Amendment and Fourth Amendment rights relating to his removal, a subsequent indefinite b
• Non-Parties v. The League OF Women Voters OF Fla.
  150 So. 3d 221· Fla. 1st DCA· 2014-06-19 ·cited 5×
  This case involves an appeal from trial court orders requiring nonparties to produce documents in a redistricting challenge. The First District panel initially reversed the orders on First Amendment privilege grounds, but the full court vacated that decision and certified the cas
• Nat'l Advertising Co. v. City of Miami
  287 F. Supp. 2d 1349· S.D. Fla.· 2003-09-25 ·cited 5×
  The court held that National Advertising Company lacks standing to challenge provisions of the City's Zoning Ordinance that restrict noncommercial speech because its interest in noncommercial speech is de minimis (2%).
• Minnaugh v. Cnty. Comm'n OF Broward Cnty.
  752 So. 2d 1263· Fla. 4th DCA· 2000-03-15 ·cited 5×
  Decisions on small-scale development amendments to local comprehensive land use plans are legislative, not quasi-judicial, and thus not subject to certiorari review.