At page 120 First amendment rights to record public meetings85 citing cases“only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Ardent Servs., L.L.C. v. C.H. Robinson Transp. Co., No. 8:25-cv-01821 (M.D. Fla. Sept. 10, 2026).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- City of Clearwater v. Stantec Consulting Servs. Inc., No. 8:25-cv-02410 (M.D. Fla. July 23, 2026).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Josic, No. 8:25-cv-02616 (M.D. Fla. July 9, 2026).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Edison, No. 8:25-cv-03110 (M.D. Fla. June 25, 2026).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Feaster, No. 8:25-cv-00910 (M.D. Fla. Jan. 23, 2026).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Fisher v. First Cmty. Ins. Co., No. 2:25-cv-00005 (M.D. Fla. Sept. 12, 2025).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Andrews v. Wal-Mart Stores East, LP, No. 2:25-cv-00014 (M.D. Fla. July 18, 2025).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Goncalves v. Charter Schs. USA at Gateway, L.C., No. 2:24-cv-00712 (M.D. Fla. June 6, 2025).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- RV Kountry v. Truist Bank, No. 2:24-cv-00036 (M.D. Fla. Mar. 7, 2025).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Pimentel v. Strength20, LLC, No. 2:23-cv-00544 (M.D. Fla. Aug. 27, 2024).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
Show 71 more citing cases
- Everington v. Riesen, No. 8:23-cv-02386 (M.D. Fla. Aug. 15, 2024).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- G&M Estates USA, Inc. v. Indian Harbor Ins. Co., No. 2:23-cv-00842 (M.D. Fla. June 28, 2024).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Logan v. Oklahoma City Police Dep't, No. 5:23-cv-00804 (W.D. Okla. June 12, 2024).The unlawfulness of the defendants’ conduct, in the court’s view, is not apparent from the preexisting law.2 In his papers, Logan also cites two Eleventh Circuit cases, Williamson v. Mills, 65 F.3d 155 (11th Cir. 1995), and Blackston v. St…
- 4205 Pine Island LLC v. Scottsdale Ins. Co., No. 2:23-cv-01235 (M.D. Fla. Apr. 25, 2024).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Monte v. City of Tampa, No. 8:23-cv-00855 (M.D. Fla. Feb. 6, 2024).“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Wilson v. Blackford, No. 2:21-cv-00852 (N.D. Ala. Feb. 10, 2023).To be sure, “[t]he First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” Smith v. City of Cumming, 212 F.3d 1332, 1333 (…
- Coalition for Good Governance v. Raffensperger, No. 1:21-cv-02070 (N.D. Ga. Aug. 20, 2021).(recognizing a First Amendment right to tape record a public meeting)
- Herrera v. JFK Med. Ctr. Ltd. P'ship, 87 F. Supp. 3d 1299 (M.D. Fla. 2015).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Olson v. Dex Imaging, Inc., 63 F. Supp. 3d 1353 (M.D. Fla. 2014).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Florida ex rel. McCollum v. United States Dep't of Health & Human Servs., 716 F. Supp. 2d 1120 (N.D. Fla. 2010).publishedBlackston v. Alabama, 30 F.3d 117, 120 (11th Cir.1994).
- Kelly v. Borough of Carlisle, 622 F.3d 248 (3d Cir. 2010).published(prohibition on tape recording meeting of state committee “touched on expressive conduct protected by the Free Speech Clause of the First Amendment)
- Collins v. Countrywide Home Loans, Inc., 680 F. Supp. 2d 1287 (M.D. Fla. 2010).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Commodity Futures Trading Comm'n v. Sterling Trading Grp., Inc., 605 F. Supp. 2d 1245 (S.D. Fla. 2009).published“only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Bp Prods. North Am., Inc. v. Giant Oil, Inc., 545 F. Supp. 2d 1257 (M.D. Fla. 2008).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Padjuran v. Aventura Limousine & Transp. Serv., Inc., 500 F. Supp. 2d 1359 (S.D. Fla. 2007).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Bowers v. Am. Heart Ass'n, 513 F. Supp. 2d 1364 (N.D. Ga. 2007).publishedP. 12(b)(6) “should be granted ‘only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.’ ” Daniel v. United States, 891 F.Supp. 600 , 602 n. 1 (N.D.Ga.1995) (quoting…
- Marco's Franchising, LLC v. Marco's Italian Express, Inc., 239 F.R.D. 686 (M.D. Fla. 2007).published“if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Delta Health Grp., Inc. v. United States Dep't of Health & Human Servs., 459 F. Supp. 2d 1207 (N.D. Fla. 2006).publishedE.g., Blackston v. Alabama, 30 F.3d 117, 120 (11th Cir.1994).
- Heritage Corp. of S. Fl v. Nat'l Union Fire In., 463 F. Supp. 2d 1364 (S.D. Fla. 2006).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Haddad v. Rav Bahamas, Ltd., 431 F. Supp. 2d 1278 (S.D. Fla. 2006).published“it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Sonia Chaudhry v. Neighborhood Health P'ship, 178 F. App'x 900 (11th Cir. 2006).unpublished“only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Petchem, Inc. v. Canaveral Port Auth., 368 F. Supp. 2d 1292 (M.D. Fla. 2005).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Wydler v. Bank of Am., N.A., 360 F. Supp. 2d 1302 (S.D. Fla. 2005).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Lockheed Martin Corp. v. Boeing Co., 357 F. Supp. 2d 1350 (M.D. Fla. 2005).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Lockheed Martin Corp. v. Boeing Co., 390 F. Supp. 2d 1073 (M.D. Fla. 2005).published“clear that no relief could be granted under any set of facts *1077 that could be proved consistent with the allegations”
- Alphamed Pharm. Corp. v. Arriva Pharm., Inc., 391 F. Supp. 2d 1148 (S.D. Fla. 2005).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Caravello v. Am. Airlines, Inc., 315 F. Supp. 2d 1346 (S.D. Fla. 2004).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Afkhami v. Carnival Corp., 305 F. Supp. 2d 1308 (S.D. Fla. 2004).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Levine v. BellSouth Corp., 302 F. Supp. 2d 1358 (S.D. Fla. 2004).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Danielle ex rel. Komando v. Adriazola, 284 F. Supp. 2d 1368 (S.D. Fla. 2003).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Arwood v. Dunn (In Re Caribbean K Line, Ltd.), 288 B.R. 908 (S.D. Fla. 2002).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Access Now, Inc. v. Sw. Airlines, Co., 227 F. Supp. 2d 1312 (S.D. Fla. 2002).published“it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Excess Risk Underwriters, Inc. v. Lafayette Life Ins., 208 F. Supp. 2d 1310 (S.D. Fla. 2002).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Special Purpose Accounts Receivable Coop. Corp. v. Prime One Capital Co., 202 F. Supp. 2d 1339 (S.D. Fla. 2002).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Pastor v. Union Cent. Life Ins., 184 F. Supp. 2d 1301 (S.D. Fla. 2002).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Dalrymple v. Reno, 164 F. Supp. 2d 1364 (S.D. Fla. 2001).published(refusing to dismiss allegation that the state directed restriction against plaintiffs because they expressed grievances against the state)
- Broward Garden Tenants Ass'n v. United States Env't Prot. Agency, 157 F. Supp. 2d 1329 (S.D. Fla. 2001).published“clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- In re Terazosin Hydrochloride Antitrust Litig., 160 F. Supp. 2d 1365 (S.D. Fla. 2001).published“only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Desporte-Bryan v. Bank of Am., 147 F. Supp. 2d 1356 (S.D. Fla. 2001).published“only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations”
- Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000).published
- Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. 2000).published
- United Food & Com. Workers Unions v. Philip Morris, Inc., 223 F.3d 1271 (11th Cir. 2000).published
- David A. Nowicki v. Clair H. Voss, 103 F.3d 133 (7th Cir. 1996).unpublished
- Whiteland Woods, L.P. v. Twp. of West Whiteland West Whiteland Bd. of Supervisors West Whiteland Plan. Comm'n Diane S. Snyder Jerry Poletto Jack C. Newell Kathi Holahan Nancy Carville Carl Dusinberre v. John D. Snyder, 193 F.3d 177 (3d Cir. 1999).published
- Schism v. United States, 972 F. Supp. 1398 (N.D. Fla. 1997).published
- Foster v. Jackson Cnty., Fla., 895 F. Supp. 301 (N.D. Fla. 1995).published
- Daniel v. United States, 891 F. Supp. 600 (N.D. Ga. 1995).published
- T.W.M. v. Am. Med. Sys., Inc., 886 F. Supp. 842 (N.D. Fla. 1995).published
- Fototec Int'l Corp. v. Polaroid Corp., 889 F. Supp. 1518 (N.D. Ga. 1995).published
- In re Am. Online, Inc. Version 5.0 Software Litig., 168 F. Supp. 2d 1359 (S.D. Fla. 2001).published
- Medalie v. FSC Sec. Corp., 87 F. Supp. 2d 1295 (S.D. Fla. 2000).published
- MGC Commc'ns, Inc. v. BellSouth Telecomm., Inc., 146 F. Supp. 2d 1344 (S.D. Fla. 2001).published
- Campos v. Immigr. & Naturalization Serv., 32 F. Supp. 2d 1337 (S.D. Fla. 1998).published
- Doe v. Celebrity Cruises, 145 F. Supp. 2d 1337 (S.D. Fla. 2001).published
- Hilliard v. Black, 125 F. Supp. 2d 1071 (N.D. Fla. 2000).published
- Alino v. Aerovias De Mexico, S.A., De C.V., 129 F. Supp. 2d 1341 (S.D. Fla. 2000).published
- Hornfeld v. City of North Miami Beach, 29 F. Supp. 2d 1357 (S.D. Fla. 1998).published
- Cotton v. Prudential Ins. Co. of Am., 391 F. Supp. 2d 1137 (N.D. Fla. 2005).published
- MeterLogic, Inc. v. Copier Solutions, Inc., 126 F. Supp. 2d 1346 (S.D. Fla. 2000).published
- Webster v. Royal Caribbean Cruises, Ltd., 124 F. Supp. 2d 1317 (S.D. Fla. 2000).published
- Kaplan v. Assetcare, Inc., 88 F. Supp. 2d 1355 (S.D. Fla. 2000).published
- Del Monte Fresh Produce Co. v. Dole Food Co., 136 F. Supp. 2d 1271 (S.D. Fla. 2001).published
- Nautica Int'l, Inc. v. Intermarine USA, L.P., 5 F. Supp. 2d 1333 (S.D. Fla. 1998).published
- Tisdale v. Gravitt, 51 F. Supp. 3d 1378 (N.D. Ga. 2014).published
- Daniel Hils v. Gabriel Davis, 52 F.4th 997 (6th Cir. 2022).published
- Franklin v. Minnesota Mut. Life Ins., 97 F. Supp. 2d 1324 (S.D. Fla. 2000).published
- CSX Transp., Inc. v. City of Pensacola, 887 F. Supp. 275 (N.D. Fla. 1995).published
- (PS) Brown v. Roseville City Sch. Dist., No. 2:23-cv-02256 (E.D. Cal. May 2, 2024).
- Dulcio v. Env't Prot. Agency, No. 9:22-cv-81908 (S.D. Fla. May 17, 2023).
- Brooks v. City of Carmel, No. 1:18-cv-00613 (S.D. Ind. Sept. 15, 2020).
- Patrick v. McGuire, No. 8:24-cv-00999, 2024 WL 4803217 (M.D. Fla. Nov. 15, 2024).
At page 119 Analyzing content-neutrality of speech restrictions5 citing cases
- Cline v. State of Utah, No. 2:19-cv-00602 (D. Utah May 13, 2020).The Tenth Circuit has suggested “[w]hen all federal claims have been dismissed, the court may, and 14 Griffin v. Breckenridge, 403 U.S. 88, 102 (1971) (§ 1985(3)); Smith v. Yellow Freight Sys., Inc., 536 F.2d 1320, 1323 (10th Cir. 1976) (§…
- McCoy v. Johnson Controls World Servs., Inc., 878 F. Supp. 229 (S.D. Ga. 1995).published
- Medina v. Minerva, 907 F. Supp. 379 (M.D. Fla. 1995).published
- De La Cruz v. Irizarry, 946 F. Supp. 2d 244 (D.P.R. 2013).published
- De La Cruz v. Colon-Rondon, 952 F. Supp. 2d 385 (D.P.R. 2013).published
At page 117 “42 u.s.c. 667 (1988) did not create a right enforceable by the plaintiffs in federal court.”0 citing cases
v.
STATE OF ALABAMA Sonny Hornsby, Chief Justice, individually and in his official capacity as Chief Justice, Supreme Court of Alabama Richard Dorrough, Circuit Judge, individually and in his official capacity as Chairman, Advisory Committee on Child Support Guidelines and Enforcement Oliver Gilmore, individually and in his official capacity as Director, Administrative Office of Courts Charles Cleveland, individually and in his official capacity as Commissioner, Alabama Department of Human Resources
I. Background
In April 1993, plaintiffs James Blackston and Bradley Barber filed a pro se complaint against defendants State of Alabama, Alabama Supreme Court Chief Justice Sonny Hornsby, State Circuit Judge Richard Dor-rough, Administrative Director of Courts Oliver Gilmore, and Commissioner of the Alabama Department of Human Resources Charles Cleveland. The defendants other than the State are sued in their individual and official capacities. The complaint asserts various civil rights claims arising from the March 1993 meeting of the Alabama Supreme Court Advisory Committee on Child Support Guidelines (“the Committee”). The Committee serves at the pleasure of Chief Justice Hornsby, and Judge Dorrough was its chairman at the time of the 1993 meeting. Oliver Gilmore, as Administrative Director of Courts, is charged with reviewing Alabama’s child support guidelines every four years, see Ala.R.Jud.Admin. 32(G), and Charles Cleveland, as Commissioner of the Department of Human Resources, is responsible for enforcing the Child Support Guidelines.
The district court read the plaintiffs’ pro se complaint to allege the following five violations of federal law:
1. Freedom of Speech
Because they missed an opportunity to speak at a public meeting in Montgomery of the Alabama Supreme Court Advisory Committee on Child Support Guidelines and Child Support Enforcement on March 15, 1993 [plaintiffs attributed their absence to inclement weather], and because Committee Chairman Richard Dorrough disallowed them the ‘right’ to tape record an Advisory Committee meeting on March 16, 1993, plaintiffs claim that they were denied freedom of speech.
2. Equal Protection
Plaintiffs claim that their right to equal protection has been violated by the State of Alabama which ‘has exposed non-custodial fathers, but not mothers, to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility.’
3. Due Process
Plaintiffs, who are proceeding pro se in this action, maintain that their right to due process of law is denied by the courts of Alabama which ‘deny pro se litigants their day in court by construing their pleadings with technicalities comparable to professional attorneys.’
4. Violation of 42 U.S.C. § 667
Plaintiffs allege that defendants violated 42 U.S.C. § 667 by holding ‘secret’ meetings which deprive non-custodial fathers equal participation in shaping the Alabama Child Support Guidelines.
5. Conspiracy
By eliminating non-custodial fathers from the Child Support Advisory Committee, plaintiffs contend that defendants conspired to deny them their equal protection and due process rights.
R. 1-26 at 2-3 (footnote omitted). The complaint also includes seven pendent state claims. As relief, the plaintiffs seek compensatory and punitive damages, attorney’s fees, and far-reaching declaratory and injunctive relief with respect to the membership and operation of the Committee.
The district court concluded that 42 U.S.C. § 667 (1988) did not create a right enforceable by the plaintiffs in federal court and that the conspiracy claim likewise was not cognizable. Furthermore, the court stated that it was “not empowered to fashion relief merely because plaintiffs ... are able to disguise their displeasure with the Committee’s operation in the form of first amendment, equal protection, and due process violations.” R. 1-26 at 4. Accordingly, the district court dismissed the plaintiffs’ complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim.
[*120] II. Standard of Review
Dismissal of a complaint under Fed. R.Civ.P. 12(b)(6) for failure to state a claim is proper “only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984). At this stage of the proceedings, we must accept the plaintiffs’ allegations as true. Id.
III. Discussion
We agree that the plaintiffs have failed to state a claim except with respect to the claim that they were deprived of their right to free speech by the Committee’s attempt to prohibit them from tape recording the March 16, 1993 meeting.[1] Although the parties dispute whether the Committee was subject to Alabama’s open meetings or “sunshine” law, Ala.Code § 13A-14-2 (1982), we must at this stage accept the allegation in the complaint that the March 16 meeting was a public meeting subject to this law.
Judge Dorrough did not deny the plaintiffs access to the Committee meeting and its deliberations, and did not prohibit them from communicating what they observed to others. However, his attempt to prohibit them from recording the proceedings did have some impact on how they were able to obtain access to and present information about the Committee and its proceedings. Thus, Judge Dorrough’s actions touched on expressive conduct protected by the Free Speech Clause of the First Amendment. See Texas v. Johnson, 491 U.S. 397, 404, 109 S.Ct. 2533, 2539, 105 L.Ed.2d 342 (1989); Spence v. Washington, 418 U.S. 405, 409-10, 94 S.Ct. 2727, 2730, 41 L.Ed.2d 842 (1974); Thompson v. City of Clio, 765 F.Supp. 1066, 1070 (M.D.Ala.1991) (proscription of tape recording city council meeting “regulates conduct protected by the first amendment”).
While there is scant authority on the subject, Judge Dorrough’s actions may be regarded as a “time, place, and manner” restriction on expressive conduct. See United States v. Yonkers Bd. of Educ., 747 F.2d 111, 114 (2d Cir.1984) (construing rule prohibiting reporter from tape recording civil trial as a “time, place, and manner” restriction); Thompson, 765 F.Supp. at 1070 (construing ban on tape recording city council meeting as a “time, place, or manner” restriction.) A “content-neutral” restriction of this type is permissible only if it is supported by a substantial government interest and does not unreasonably limit alternative avenues of communication. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 47, 106 S.Ct. 925, 928, 89 L.Ed.2d 29 (1986); see Yonkers Bd. of Educ., 747 F.2d at 114 (upholding content-neutral court rule prohibiting tape recording of civil trials).
Moreover, accepting the plaintiffs’ allegations as true, as we must at this stage, it appears that Judge Dorrough’s prohibition of tape recording may not have been “content-neutral.” According to the plaintiffs, the prohibition was directed at them because they were non-custodial fathers who were unhappy with the Committee. “[Rjegulations enacted for the purpose of restraining speech on the basis of its content presumptively violate the First Amendment.” City of Renton, 475 U.S. at 46-47, 106 S.Ct. at 928. If the plaintiffs were to prove that Judge Dorrough’s ban on tape recording was “affected by sympathy or hostility for the point of view being expressed by the communicator,” Young v. American Mini Theatres, Inc., 427 U.S. 50, 67, 96 S.Ct. 2440, 2451, 49 L.Ed.2d 310 (1976), it would be subject to strict scrutiny. In that case, the ban would be invalid unless it were narrowly tailored to serve a compelling state interest. See Thompson, 765 F.Supp. at 1072 (content-based .and viewpoint-based ban on tape recording of city council meeting subject to strict scrutiny).
[*121] For the purposes of Fed.R.Civ.P. 12(b)(6), the plaintiffs have stated a claim under 42 U.S.C. § 1983 (1988) with respect to their allegations concerning the tape recording of the Committee meeting because it is not “clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Hishon, 467 U.S. at 73, 104 S.Ct. at 2232. However, these allegations in the complaint only implicate defendant Dorrough.[2]
IV. Conclusion
For the reasons stated above, the judgment of the district court is reversed with respect to the free speech (tape recording) claim against defendant Dorrough individually and in his official capacity. The district court’s dismissal of the action as to all other defendants is affirmed pursuant to 11th Cir.R. 36-1.
AFFIRMED in part; REVERSED in part.
Although it appears that the plaintiffs disobeyed Judge Dorrough's directive and recorded the Committee’s meeting anyway, their claim is not moot because this situation is "capable of repetition, yet evading review.” Southern Pac. Terminal Co. v. ICC, 219 U.S. 498, 515, 31 S.Ct. 279, 283, 55 L.Ed. 310 (1911); see Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 348, 46 L.Ed.2d 350 (1975) (per curiam) (stating requirements for a case to be "capable of repetition, yet evading review”); Naturist Soc'y, Inc. v. Fillyaw, 958 F.2d 1515, 1520 (11th Cir.1992).
The parties have not presented in this appeal any issues concerning immunity or qualified immunity.