Legal Opinion

Concerned Citizens For Judicial Fairness, Inc. v. Philip J. Yacucci

District Court of Appeal of Florida

Decided September 3, 2014No. 4D14-2971PublishedCited by 15 opinions

1Opinion of the CourtGross, J.

This case involves a temporary injunction issued during a political campaign that limits what a political organization may say about a candidate. For multiple reasons, not the least of which is that the injunction is a prior restraint on speech in violation of the First Amendment, we entered an order dated August 22, 2014, reversing the temporary injunction in its entirety. This is the opinion that explains that ruling.

This case arises out of a contested race for county court judge in St. Lucie County. Philip Yacucci is the incumbent and Stephen Smith is the challenger. The election was on…

2Cases cited21 opinions

  1. Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
  2. Eu v. San Francisco County Democratic Central CommitteeSupreme Court of the United States · 1989
  3. Monitor Patriot Co. v. RoySupreme Court of the United States · 1971
  4. Bertell Ollman v. Rowland Evans, Robert NovakCourt of Appeals for the D.C. Circuit · 1984
  5. Metropolitan Life Ins. Co. v. McCarsonSupreme Court of Florida · 1985

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3Cited by15 opinions

  1. Alkiviades A. David v. John TextorDistrict Court of Appeal of Florida · 2016
  2. Telemundo Media, LLC v. MintzDistrict Court of Appeal of Florida · 2016
  3. BAUTISTA REO U.S., LLC v. ARR INVESTMENTS, INC.District Court of Appeal of Florida · 2017
  4. Planned Parenthood of Greater Orlando, Inc., etc. v. MMB Properties, etc.Supreme Court of Florida · 2017
  5. TESORO PROPERTY OWNER'S ASSOCIATION, INC. v. TEROSO COMMONS, LLCDistrict Court of Appeal of Florida · 2018

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