The 2000 survey period was an active year for constitutional civil rights litigation in the Eleventh Circuit. All eighteen cases examine thorny issues arising under the First Amendment. Thirteen cases address free speech issues while five cases touch on religion. Two cases deal with zoning ordinances that regulate adult businesses. Two cases address the constitutionality of zoning ordinances that regulate nude dancing. Two apply the test in Central Hudson Gas & Electric Corp. v. Public Service Commission ("Central Hudson") for regulating commercial speech. Two cases analyze the law of prior restraints when it comes to licensing access to traditional public fora. Four cases apply the balancing test announced in Pickering v. Board of Education for assessing public employee speech. One case involves a citizen's right to videotape police activity. Turning to the religious clauses of the First Amendment, three cases involve the Establishment Clause while the final two cases address free exercise issues.
"Constitutional Civil Rights,"
Mercer Law Review: Vol. 52:
4, Article 5.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol52/iss4/5