7 Kentucky opinions name it 2 courts 1990–2023 1 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Stromberg v. Californiagreen1 sentence2016Stromberg v. California, 283 U.S. 359, 368 (1931). 7 restrictions on core political speech, 3 such restrictions are subject to the strict scrutiny standard. | 1 | 1 |
Williams-Yulee v. Florida Bargreen2 sentences2016Williams-Yulee v. Florida Bar, — U.S. —, 135 S.Ct. 1656, 1665 , 191 L.Ed.2d 570 (2015). 4 Under the strict scrutiny standard, “[a] State may restrict the speech of a judicial candidate only if the restriction is narrowly tailored to servé a compelling interest.” Id. 2016Williams-Yulee v. Florida Bar, — U.S. —, 135 S.Ct. 1656, 1665 , 191 L.Ed.2d 570 (2015). 4 Under the strict scrutiny standard, “[a] State may restrict the speech of a judicial candidate only if the restriction is narrowly tailored to servé a compelling interest.” Id. | 1 | 1 |
Commonwealth v. Howardgreen1 sentence2014Consequently, a rational basis standard and not a strict scrutiny test must be used to assess the constitutionality of the statute.” Commonwealth v. Howard, 969 S.W.2d 700, 703 (Ky.1998). | 1 | 1 |
Fordson Coal Co. v. Vanovergreen1 sentence2012In Lawson, this Court reviewed a statute that specifically prohibited the 'use of snakes in a religious service. 164 S.W.2d at 972. | 1 | 1 |
Boyd v. Phillips Petroleum Co.green1 sentence1990It is our opinion the lease fails to qualify perpetually under the restrictive conditions of qualifications under Vokins, supra. Our conclusion is based on Boyd v. Phillips Petroleum Company, Ky. 418 S.W.2d 736, 738 (1967), and the doctrine of strict scrutiny, conveyed in the following language: In placing a construction on this lease, we must first consider all the surrounding circumstances as well as the wording of the contract, including the kind of business of the parties and the matter of which construction would be more reasonable and equitable to all parties concerned and it must be rem | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rose v. Council for Better Education, Inc.
green
2 sentences2023Under such an analysis, it is clear that the trial court did not abuse 125Dean v. Commonwealth, 777 S.W.2d 900 (Ky. 1989), overruled on other grounds by Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). 126 Rose v. Council for Better Educ., Inc., 790 S.W.2d 186 (Ky. 1989). 127 Baucom v. Commonwealth, 134 S.W.3d 591 (Ky. 2004). 65 its discretion in finding that EMW met its burden to show a substantial question on the merits as to both statutes at issue. 1997The basis of the Court’s ruling in Rose v. Council for Better Education, Inc., Ky., 790 S.W.2d 186 (1989) is that education is a fundamental right in Kentucky and that the government must provide an efficient system of common schools that would be substantially uniform throughout the state and afford equal educational opportunities to every child within the state. | 2 | 1997–2023 |
Dean v. Commonwealth
green
1 sentence2023Under such an analysis, it is clear that the trial court did not abuse 125Dean v. Commonwealth, 777 S.W.2d 900 (Ky. 1989), overruled on other grounds by Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). 126 Rose v. Council for Better Educ., Inc., 790 S.W.2d 186 (Ky. 1989). 127 Baucom v. Commonwealth, 134 S.W.3d 591 (Ky. 2004). 65 its discretion in finding that EMW met its burden to show a substantial question on the merits as to both statutes at issue. | 1 | 2023–2023 |
Caudill v. Commonwealth
green
1 sentence2023Under such an analysis, it is clear that the trial court did not abuse 125Dean v. Commonwealth, 777 S.W.2d 900 (Ky. 1989), overruled on other grounds by Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). 126 Rose v. Council for Better Educ., Inc., 790 S.W.2d 186 (Ky. 1989). 127 Baucom v. Commonwealth, 134 S.W.3d 591 (Ky. 2004). 65 its discretion in finding that EMW met its burden to show a substantial question on the merits as to both statutes at issue. | 1 | 2023–2023 |
Baucom v. Commonwealth
green
1 sentence2023Under such an analysis, it is clear that the trial court did not abuse 125Dean v. Commonwealth, 777 S.W.2d 900 (Ky. 1989), overruled on other grounds by Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). 126 Rose v. Council for Better Educ., Inc., 790 S.W.2d 186 (Ky. 1989). 127 Baucom v. Commonwealth, 134 S.W.3d 591 (Ky. 2004). 65 its discretion in finding that EMW met its burden to show a substantial question on the merits as to both statutes at issue. | 1 | 2023–2023 |
Carey v. Wolnitzek
green
1 sentence2019I am persuaded by the analysis of Cornett v. Judicial Ret. and Removal Comm’n.41 In Cornett, District Judge Cornett had been convicted in the United 39 614 F.3d 189 (2010). 40 536 U.S. 765 (2002). 41625 S.W.2d 564 (Ky. 1982). 21 States District Court for the Eastern District of Kentucky of two felony offenses. | 1 | 2019–2019 |
Republican Party of Minnesota v. White
green
1 sentence2019I am persuaded by the analysis of Cornett v. Judicial Ret. and Removal Comm’n.41 In Cornett, District Judge Cornett had been convicted in the United 39 614 F.3d 189 (2010). 40 536 U.S. 765 (2002). 41625 S.W.2d 564 (Ky. 1982). 21 States District Court for the Eastern District of Kentucky of two felony offenses. | 1 | 2019–2019 |
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
green
2 sentences2012Id. at 531-32 , 113 S.Ct. 2217 . 2012Id. at 531-32 , 113 S.Ct. 2217 . | 1 | 2012–2012 |
Vandiver v. Hardin County Board Of Education
green
2 sentences1997As to whether a strict scrutiny analysis is required in the instant case, we turn to the case of Vandiver v. Hardin County Board of Education, 925 F.2d 927 (6th Cir.1991) for guidance. 1997In Vandiver, supra, a student in Kentucky who had been in a home study program sought to transfer to a public school, and the public school required the transferee to pass an equivalency exam in order to gain credit for the school work performed in the home study program, pursuant to 704 KAR 3:307 § 2. | 1 | 1997–1997 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.