How To Prove A Florida First Amendment Violation Claim

 

 

In Florida, a claim of First Amendment Violation is defined as:

A First Amendment violation claim asserts that a government action or policy has infringed upon an individual’s or group’s constitutionally protected rights to freedom of speech, religion, the press, assembly, or petition.

It simply means:

When the government stops a person from saying what they want, practicing their religion, meeting with others to express their opinions, or petition the government.

There are 3 elements of the claim:

• Element 1. A violation involved a government entity or a government actor. A First Amendment violation occurs when a government body or official restricts or punishes someone’s free speech, press, or religious practices, infringing on their rights protected by the Constitution.
  

  Facts that might support this element look like:

  * The local government issued a directive prohibiting public demonstrations in a city park, limiting citizens’ rights to free speech.
  * A police officer arrested a protester for displaying a political sign, claiming it obstructed traffic, despite the sign being held on a sidewalk.
  * A city council member publicly stated that they would seek to punish individuals who criticized the council’s decisions on social media.
  * A government-funded organization denied a grant to a group based on its political beliefs, effectively silencing dissenting voices.
  * A public school principal removed a student’s artwork from an exhibition because it contained a political message that contradicted the school’s views.

• Element 2. The plaintiff engaged in or attempted to engage in protected speech, religion, the press, assembly, or petition the government for redress of grievances. The plaintiff tried to express their thoughts, practice their religion, share information, gather with others, or ask the government to fix a problem, which are all activities protected by the First Amendment.
  

  Facts that might support this element look like:

  * The plaintiff organized a peaceful protest to advocate for environmental policy changes, gathering over 100 participants in a public park.
  * The plaintiff distributed flyers in their neighborhood to raise awareness about local government corruption, encouraging residents to attend a town hall meeting.
  * The plaintiff wrote and published an article in a community newspaper criticizing local law enforcement practices, aiming to inform and engage the public.
  * The plaintiff participated in a religious gathering at a community center, openly expressing their beliefs and inviting others to join in prayer.
  * The plaintiff submitted a formal petition to the city council, collecting signatures from over 200 residents to demand improvements in public transportation services.

• Element 3. The government imposed a restriction on that speech, religion, press, assembly, or petitioning the government. A First Amendment violation occurs when the government limits people’s rights to express themselves, practice their religion, share information through the press, gather in groups, or ask the government to address their concerns.
  

  Facts that might support this element look like:

  * The government enacted a law that prohibits public demonstrations in certain areas, effectively restricting the right to assemble.
  * A local ordinance was implemented that limits the distribution of pamphlets and flyers, infringing on the freedom of the press.
  * Authorities issued a directive that bans specific religious gatherings, thereby violating the right to practice religion freely.
  * A city policy was established that requires permits for any public speech, creating a barrier to the right to petition the government.
  * The government has imposed fines on individuals for expressing dissenting opinions at public meetings, which stifles free speech.

^{(See Florida Statute 1004.097. Florida Statute 768.295. Florida Statute 456.61. Shevin v. Sunbeam Television Corp., 351 So. 2d 723 – Fla: Supreme Court 1977. Department of Educ. v. Lewis, 416 So. 2d 455 – Fla: Supreme Court 1982. Malicki v. Doe, 814 So. 2d 347 – Fla: Supreme Court 2002.)}
If you’re in court without a lawyer and plan to assert a Claim of First Amendment Violation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively advocate for your rights.

Prove Your FL First Amendment Violation Claim

U.S. Civil Cases Only