compelling state interest standard in Florida

49 Florida opinions name it 2 courts 1978–2020 0 in the last five years

The cases below were cited by Florida 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.

Followed or applied (26)

Case	Followed	Cited
Winfield v. Div. of Pari-Mutuel Wageringgreen fla · 1985 · cited in 14 Florida opinions naming this issue, 1987–2013 2 sentences 2013Regulation, 477 So.2d 544, 547 (Fla.1985) (stating that Florida’s “right of privacy is a fundamental right which ... demands the compelling state interest standard”). 2002See Craig v. State, 510 So.2d 857 (Fla.1987). [4] Article I, section 23 of the Florida Constitution, which provides for the constitutional right to privacy, declares, "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life...." [5] See Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547 (Fla.1985) ("The right of privacy is a fundamental right which we believe demands the compelling state interest standard."). [6] See Shaktman v. State, 553 So.2d 148, 152 (Fla.1989) ("[A] legitimate, ongoing criminal investigation sati	9	14
Von Eiff v. Azicrigreen fla · 1998 · cited in 7 Florida opinions naming this issue, 1999–2004 2 sentences 2003We further explained that "the state can satisfy the compelling state interest standard [only] when it acts to prevent demonstrable harm to a child." Id. at 515 (quoting Beagle, 678 So.2d at 1276 ). 2000We further explained that "the state can satisfy the compelling state interest standard [only] when it acts to prevent demonstrable harm to a child." Id. at 515 (quoting Beagle, 678 So.2d at 1276 ).	3	7
Shaktman v. Stategreen fla · 1989 · cited in 3 Florida opinions naming this issue, 2002–2020 2 sentences 2020Gomillion, 267 So. 3d at 506 ; Guardado v. State, 61 So. 3d 1210 (Fla. 4th DCA 2011); see also Shaktman v. State, 553 So. 2d 148, 152 (Fla. 1989) (involving law enforcement’s use of a pen register device on telephone lines and finding “a legitimate, ongoing criminal investigation satisfies the compelling state interest test when it demonstrates a clear connection between the illegal activity and the person whose privacy would be invaded.”). 2003See, e.g., *650 Shaktman, 553 So.2d at 152 (holding that a "legitimate, ongoing criminal investigation satisfies the compelling state interest test when it demonstrates a clear connection between the illegal activity and the person whose privacy would be invaded").	3	3
Stall v. Stategreen fla · 1990 · cited in 3 Florida opinions naming this issue, 1997–2006 2 sentences 2006"Determining whether an individual has a legitimate expectation of privacy in a given case must be made by considering all the circumstances, especially objective manifestations of that expectation." State v. Conforti, 688 So.2d 350, 357-58 (Fla. 4th DCA 1997) (quoting Stall v. State, 570 So.2d 257, 260 (Fla.1990)). 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 .	3	3
Lonon v. Ferrellgreen fladistctapp · 1999 · cited in 3 Florida opinions naming this issue, 2003–2005 2 sentences 2005Upon remand in Belair , the Fifth District expressly held that 752.01(1)(b) "fails to survive the compelling state interest test required by Beagle and is facially unconstitutional as it impermissibly infringes on privacy rights protected by Article I, section 23 of the Florida Constitution." Belair v. Drew, 776 So.2d 1105, 1107 (Fla. 5th DCA 2001); see also Lonon, 739 So.2d at 653 . 2004On remand, the Fifth District Court of Appeal recognized and expressly held that section 752.01(1)(b) "fails to survive the compelling state interest test required by Beagle and is facially unconstitutional as it impermissibly infringes on privacy rights protected by Article I, section 23 of the Florida Constitution." Belair v. Drew, 776 So.2d 1105, 1107 (Fla. 5th DCA 2001); see also Lonon v. Ferrell, 739 So.2d 650, 653 (Fla. 2d DCA 1999) (declaring section 752.01(1)(b) facially unconstitutional).	3	3
Beagle v. Beaglegreen fla · 1996 · cited in 9 Florida opinions naming this issue, 1997–2003 2 sentences 2003We further explained that "the state can satisfy the compelling state interest standard [only] when it acts to prevent demonstrable harm to a child." Id. at 515 (quoting Beagle, 678 So.2d at 1276 ). 2000We further explained that "the state can satisfy the compelling state interest standard [only] when it acts to prevent demonstrable harm to a child." Id. at 515 (quoting Beagle, 678 So.2d at 1276 ).	2	9
City of North Miami v. Kurtzgreen fla · 1995 · cited in 4 Florida opinions naming this issue, 1997–2000 2 sentences 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 . 1997City of N. Miami v. Kurtz, 653 So.2d 1025 (Fla.1995).	2	4
Bd. of Co. Com'rs of Palm Beach v. Dbgreen fladistctapp · 2001 · cited in 3 Florida opinions naming this issue, 2003–2007 2 sentences 2007However, before the right to privacy attaches and the standard is applied, a reasonable expectation of privacy must exist." Bd. of County Comm'rs of Palm Beach County v. D.B., 784 So.2d 585, 588 (Fla. 4th DCA 2001). 2007However, before the right to privacy attaches and the standard is applied, a reasonable expectation of privacy must exist.” Bd. of County Comm’rs of Palm Beach County v. D.B., 784 So.2d 585, 588 (Fla. 4th DCA 2001).	2	3
Hillsborough Cty. Gea v. Hillsborough Cty. Aviation Auth.green fla · 1988 · cited in 3 Florida opinions naming this issue, 1992–1999 2 sentences 1999See Hillsborough County G.E.A., 522 So.2d at 362 ; Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547 (Fla.1985) ("The right of privacy is a fundamental right which we believe demands the compelling state interest standard. 1998See Hillsborough County G.E.A., 522 So.2d at 362 ; Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547 (Fla.1985) ("The right of privacy is a fundamental right which we believe demands the compelling state interest standard.	2	3
NORTH FLA. WOMEN'S HEALTH SERVICES v. Stategreen fla · 2003 · cited in 2 Florida opinions naming this issue, 2004–2006 2 sentences 2006Thomas v. Smith, 882 So.2d 1037, 1044 (Fla. 2d DCA 2004) (internal citation omitted); 1045 see N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 620 (Fla.2003) (court reaffirmed the applicability of the compelling state interest test in article I, section 23 cases). 2006Thomas v. Smith, 882 So.2d 1037, 1044 (Fla. 2d DCA 2004) (internal citation omitted); 1045 see N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 620 (Fla.2003) (court reaffirmed the applicability of the compelling state interest test in article I, section 23 cases).	2	2
Belair v. Drewgreen fladistctapp · 2001 · cited in 2 Florida opinions naming this issue, 2004–2005 2 sentences 2005Upon remand in Belair , the Fifth District expressly held that 752.01(1)(b) "fails to survive the compelling state interest test required by Beagle and is facially unconstitutional as it impermissibly infringes on privacy rights protected by Article I, section 23 of the Florida Constitution." Belair v. Drew, 776 So.2d 1105, 1107 (Fla. 5th DCA 2001); see also Lonon, 739 So.2d at 653 . 2004On remand, the Fifth District Court of Appeal recognized and expressly held that section 752.01(1)(b) "fails to survive the compelling state interest test required by Beagle and is facially unconstitutional as it impermissibly infringes on privacy rights protected by Article I, section 23 of the Florida Constitution." Belair v. Drew, 776 So.2d 1105, 1107 (Fla. 5th DCA 2001); see also Lonon v. Ferrell, 739 So.2d 650, 653 (Fla. 2d DCA 1999) (declaring section 752.01(1)(b) facially unconstitutional).	2	2
Saul v. Brunettigreen fla · 2000 · cited in 2 Florida opinions naming this issue, 2001–2001 2 sentences 2001See Saul v. Brunetti, 753 So.2d 26, 28 (Fla.2000) (holding father's right to privacy trumped any rights dead mother's parents might have to visit their grandchild); Krischer v. McIver, 697 So.2d 97, 100 (Fla.1997) (holding right of privacy did not render statute outlawing assisted suicide unconstitutional); Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547-48 (Fla.1985) ("The right of privacy is a fundamental right which we believe demands the compelling state interest standard. 2001See Saul v. Brunetti, 753 So.2d 26, 28 (Fla.2000) (holding father’s right to privacy trumped any rights dead mother’s parents might have to visit their grandchild); Krischer v. McIver, 697 So.2d 97, 100 (Fla.1997) (holding right of privacy did not render statute outlawing assisted suicide unconstitutional); Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547-48 (Fla.1985) (“The right of privacy is a fundamental right which we believe demands the compelling state interest standard.	2	2
Krischer v. McIvergreen fla · 1997 · cited in 2 Florida opinions naming this issue, 2001–2001 2 sentences 2001See Saul v. Brunetti, 753 So.2d 26, 28 (Fla.2000) (holding father's right to privacy trumped any rights dead mother's parents might have to visit their grandchild); Krischer v. McIver, 697 So.2d 97, 100 (Fla.1997) (holding right of privacy did not render statute outlawing assisted suicide unconstitutional); Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547-48 (Fla.1985) ("The right of privacy is a fundamental right which we believe demands the compelling state interest standard. 2001See Saul v. Brunetti, 753 So.2d 26, 28 (Fla.2000) (holding father’s right to privacy trumped any rights dead mother’s parents might have to visit their grandchild); Krischer v. McIver, 697 So.2d 97, 100 (Fla.1997) (holding right of privacy did not render statute outlawing assisted suicide unconstitutional); Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547-48 (Fla.1985) (“The right of privacy is a fundamental right which we believe demands the compelling state interest standard.	2	2
State v. Johnsongreen fla · 2002 · cited in 1 Florida opinions naming this issue, 2019–2019 2 sentences 2019See Johnson, 814 So. 2d at 393 ("[I]n reviewing a claim of unconstitutional governmental intrusion, the compelling state interest standard is the appropriate standard of review."). "[T]he control and prosecution of criminal activity is a compelling state interest" when the State has established "a clear connection between illegal activity and the person whose privacy has allegedly been invaded." Id. 2019See Johnson, 814 So. 2d at 393 ("[I]n reviewing a claim of unconstitutional governmental intrusion, the compelling state interest standard is the appropriate standard of review."). "[T]he control and prosecution of criminal activity is a compelling state interest" when the State has established "a clear connection between illegal activity and the person whose privacy has allegedly been invaded." Id.	1	1
State v. Confortigreen fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2006–2006 1 sentence 2006"Determining whether an individual has a legitimate expectation of privacy in a given case must be made by considering all the circumstances, especially objective manifestations of that expectation." State v. Conforti, 688 So.2d 350, 357-58 (Fla. 4th DCA 1997) (quoting Stall v. State, 570 So.2d 257, 260 (Fla.1990)).	1	1
Thomas v. Smithgreen fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2006–2006 2 sentences 2006Thomas v. Smith, 882 So.2d 1037, 1044 (Fla. 2d DCA 2004) (internal citation omitted); 1045 see N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 620 (Fla.2003) (court reaffirmed the applicability of the compelling state interest test in article I, section 23 cases). 2006Thomas v. Smith, 882 So.2d 1037, 1044 (Fla. 2d DCA 2004) (internal citation omitted); 1045 see N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 620 (Fla.2003) (court reaffirmed the applicability of the compelling state interest test in article I, section 23 cases).	1	1
Caddy v. State, Dept. of Healthgreen fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2004–2004	1	1
State v. Fahnergreen fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002	1	1
Shadler v. Stategreen fla · 2000 · cited in 1 Florida opinions naming this issue, 2002–2002	1	1
Craig v. Stategreen fla · 1987 · cited in 1 Florida opinions naming this issue, 2002–2002	1	1
Klossett v. Stategreen fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2002–2002	1	1
Gardner v. Bradenton Herald, Inc.green fla · 1982 · cited in 1 Florida opinions naming this issue, 1990–1990	1	1
Smith v. Daily Mail Publishing Co.green scotus · 1979 · cited in 1 Florida opinions naming this issue, 1990–1990	1	1
Mirkin v. United Statesgreen scotus · 1982 · cited in 1 Florida opinions naming this issue, 1990–1990	1	1
Gardner v. Bradenton Herald, Inc.green scotus · 1982 · cited in 1 Florida opinions naming this issue, 1990–1990	1	1
Shaktman v. Stategreen fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 1989–1989	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
State v. Kamgreen haw · 1988 · cited in 1 Florida opinions naming this issue, 1989–1989	1	1

Also cited on this issue (20)

Case	Cited	Years
In Re TW green fla · 1989 2 sentences 2014In re T.W., 551 So.2d 1186 (Fla.1989). 1998In holding that "this is a highly stringent standard" of review, this Court in In re T.W. noted that it could cite no cases in Florida in which "government intrusion in personal decisionmaking" survived the compelling state interest test. 551 So.2d at 1192 .	4	1996–2014
Richardson v. Richardson green fla · 2000 2 sentences 2004Finally, the First District determined that the present case is controlled by this Court's holding in Richardson v. Richardson, 766 So.2d 1036 (Fla.2000). 2003Richardson, 766 So.2d at 1039 (quoting Von Eiff, 720 So.2d at 515 (citations omitted)).	2	2003–2004
Spicer v. United States green scotus · 1996 2 sentences 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 . 1997City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla. 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 .	2	1997–2000
Pacifica Foundation v. Federal Communications Commission green scotus · 1996 2 sentences 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 . 1997City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla. 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 .	2	1997–2000
Levin v. Florida Bar green scotus · 1991 2 sentences 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 . 1997City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla. 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 .	2	1997–2000
Long v. Florida green scotus · 1991 2 sentences 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 . 1997City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla. 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 .	2	1997–2000
Prather v. Dayton Power & Light Co. green scotus · 1991 2 sentences 2000City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla.1995), cert. denied, 516 U.S. 1043 , 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 . 1997City of North Miami v. Kurtz, 653 So.2d 1025, 1028 (Fla. 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 701 , 133 L.Ed.2d 658 (1996); Stall v. State, 570 So.2d 257, 260 (Fla.1990), cert. denied sub nom., Long v. Florida, 501 U.S. 1250 , 111 S.Ct. 2888 , 115 L.Ed.2d 1054 (1991); Winfield, 477 So.2d at 547 .	2	1997–2000
Florida Board of Bar Examiners Re: Applicant green fla · 1983 2 sentences 1993Florida Bd. of Bar Examiners re: Applicant, 443 So.2d 71 (Fla. 1983). 1988We believe that the correct standard for assessing a claim of unconstitutional government intrusion under section 23 is the compelling state interest test established in Winfield, 443 So.2d at 74 .	2	1988–1993
McCarthy v. Philadelphia Civil Service Commission green scotus · 1976 2 sentences 1978First, in Memorial Hospital v. Maricopa County, 415 U.S. 250 , 94 S.Ct. 1076 , 39 L.Ed.2d 306 (1974), and then in McCarthy v. Philadelphia Civil Service Commission, 424 U.S. 645 , 96 S.Ct. 1154 , 47 L.Ed.2d 366 (1976), the Court limited its earlier decisions of Dunn v. Blumstein, 405 U.S. 330 , 92 S.Ct. 995 , 31 L.Ed.2d 274 (1972), and Shapiro v. Thompson, 394 U.S. 618 , 89 S.Ct. 1322 , 22 L.Ed.2d 600 (1969), on which we had relied in Hall . [5] These decisions collectively stand for the application of a compelling state interest analysis only when a durational residency requirement is involve 1978First, in Memorial Hospital v. Maricopa County, 415 U.S. 250 , 94 S.Ct. 1076 , 39 L.Ed.2d 306 (1974), and then in McCarthy v. Philadelphia Civil Service Commission, 424 U.S. 645 , 96 S.Ct. 1154 , 47 L.Ed.2d 366 (1976), the Court limited its earlier decisions of Dunn v. Blumstein, 405 U.S. 330 , 92 S.Ct. 995 , 31 L.Ed.2d 274 (1972), and Shapiro v. Thompson, 394 U.S. 618 , 89 S.Ct. 1322 , 22 L.Ed.2d 600 (1969), on which we had relied in Hall . [5] These decisions collectively stand for the application of a compelling state interest analysis only when a durational residency requirement is involve	2	1978–1980
GEORGE GOMILLION v. STATE OF FLORIDA green fladistctapp · 2019 1 sentence 2020Gomillion, 267 So. 3d at 506 ; Guardado v. State, 61 So. 3d 1210 (Fla. 4th DCA 2011); see also Shaktman v. State, 553 So. 2d 148, 152 (Fla. 1989) (involving law enforcement’s use of a pen register device on telephone lines and finding “a legitimate, ongoing criminal investigation satisfies the compelling state interest test when it demonstrates a clear connection between the illegal activity and the person whose privacy would be invaded.”).	1	2020–2020
Guardado v. State green fladistctapp · 2011 1 sentence 2020Gomillion, 267 So. 3d at 506 ; Guardado v. State, 61 So. 3d 1210 (Fla. 4th DCA 2011); see also Shaktman v. State, 553 So. 2d 148, 152 (Fla. 1989) (involving law enforcement’s use of a pen register device on telephone lines and finding “a legitimate, ongoing criminal investigation satisfies the compelling state interest test when it demonstrates a clear connection between the illegal activity and the person whose privacy would be invaded.”).	1	2020–2020
City of Mobile v. Bolden green scotus · 1980 2 sentences 2013It is well settled that “a law that impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional.” City of Mobile, Ala. v. Bolden, 446 U.S. 55, 76 , 100 S.Ct. 1490 , 64 L.Ed.2d 47 (1980). 2013It is well settled that “a law that impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional.” City of Mobile, Ala. v. Bolden, 446 U.S. 55, 76 , 100 S.Ct. 1490 , 64 L.Ed.2d 47 (1980).	1	2013–2013
Warner v. City of Boca Raton green fla · 2004 2 sentences 2006Second, under the FRFRA, the definition of protected "exercise of religion" subject to the compelling state interest test includes any act or refusal to act whether or not compelled by or central to a system of religious belief. 887 So.2d at 1032 . 2006Thus, the FRFRA "protects more conduct than conduct that is central to a litigant's religious practices." Id. at 1025 n. 1.	1	2006–2006
Employment Div., Dept. of Human Resources of Ore. v. Smith red scotus · 1990 2 sentences 2004The legislative history of the FRFRA suggests that in order to state a claim that the government has infringed upon the free exercise of religion, a plaintiff must only establish that the government has placed a substantial burden on a practice motivated by a sincere religious belief. [7] Thus, the FRFRA is necessarily broader than United States Supreme Court precedent, which holds that the "right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that hi 2004The legislative history of the FRFRA suggests that in order to state a claim that the government has infringed upon the free exercise of religion, a plaintiff must only establish that the government has placed a substantial burden on a practice motivated by a sincere religious belief. [7] Thus, the FRFRA is necessarily broader than United States Supreme Court precedent, which holds that the "right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that hi	1	2004–2004
United States v. Calandra green scotus · 1974	1	2002–2002
Salas v. Casellas green scotus · 1996	1	2000–2000
Fadjo v. Coon green ca5 · 1981	1	1982–1982
Shapiro v. Thompson green scotus · 1969	1	1978–1978
Memorial Hospital v. Maricopa County green scotus · 1974	1	1978–1978
Dunn v. Blumstein green scotus · 1972	1	1978–1978

Statutes the citing opinions construe

FL § 61.13 (10) FL § 827.071 (4) FL § 384.30 (3) FL § 447.203 (3) FL § 743.065 (3) FL § 847.011 (3) FL § 895.02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 49 (1978–2020) CA 35 (1976–2024) AK 14 (1973–2021) NJ 9 (1972–2025) OH 8 (1972–2022) AZ 7 (1986–2009) MI 7 (1978–2013) PA 5 (1974–2010) WI 5 (1988–2021) WA 5 (1973–2002) IA 4 (1972–2012) HI 4 (1970–1993) MA 4 (1975–2002) NY 4 (1975–1990) MN 4 (1990–2004) ND 4 (1974–2014) CO 4 (1976–1996) KS 3 (1978–2011) AL 3 (1980–2011) MD 3 (1981–2011) MO 3 (1979–1980) IL 3 (1976–1986) WV 3 (1979–1999) KY 3 (1979–1998) DE 2 (1977–2021) IN 2 (1978–1996) NC 2 (1978–1978) ID 2 (1982–2005) MT 2 (1996–1997) NE 2 (1971–1996) UT 2 (1998–2013) TX 2 (1975–1982)

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.

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