Court Cases

The Florida Fish and Wildlife Conservation Commission (FWC) terminated Brittney Brown, a wildlife biologist who manages critical shorebird nests, in retaliation for sharing political criticism of Charlie Kirk through her personal social media. FWC publicly declared that her personal expression was “not in line with the FWC, our values, or our mission” in its public post announcing her termination. Ms. Brown sued two FWC officials in late September 2025, alleging retaliation and viewpoint discrimination in violation of her First Amendment right to free speech. She moved for a preliminary injunction seeking immediate reinstatement, which the U.S. District Court for the Northern District of Florida denied on November 13, 2025 after oral argument. The Court ordered immediate discovery to resolve factual disputes necessary to determine if FWC had adequate justification to terminate Ms. Brown for her personal expression. After the completion of discovery, in February Ms. Brown filed motions for summary judgment and for sanctions based on false statements filed with the court by the defendants. Trial is scheduled for June 15, 2026.

The American Civil Liberties Union of Florida filed a lawsuit on behalf of the Tallahassee Bail Fund against Gwendolyn Marshall, the Clerk of the Circuit Court and Comptroller for Leon County. The lawsuit challenges Clerk Marshall’s enforcement of Florida Statute § 903.286, which improperly confiscates charitable organizations’ money to punish them for helping accused persons access their freedom. This statute violates the Eighth Amendment by allowing clerks to use cash bail to impose criminal penalties on innocent parties, such as bail funds, which deprives them of the money that makes their operation possible. Our complaint was filed in August 2022. Summary-judgment briefing was completed in February 2023. On September 28, 2023, the court denied the motions for summary judgment, permitting some claims to proceed to trial. A trial was held on February 15, 2024, and on February 20, 2024, the district court ruled in our favor, holding the state statute unconstitutional as applied to our client, the Tallahassee Bail Fund. In practical terms, this means that when the Bail Fund deposits cash with the clerk to bail a person out of jail, the clerk can no longer keep it to pay that person’s fines, fees, and court costs if they later plead guilty. Instead, that money will go back to the Bail Fund, allowing them to use it to bail another person out of jail. This ruling will reduce wealth-based detention in Leon County. The government appealed, and we then cross-appealed.

The Southern Legal Counsel, ACLU of Florida, and pro bono attorney Andy Pozzuto filed filed a federal class action lawsuit against the city of Ocala on behalf of more than 200 other similarly situated homeless persons who have been arrested for sleeping or resting in public areas.

The ACLU, ACLU of Florida, Southern Poverty Law Center, and Gibson, Dunn & Crutcher LLP filed a federal lawsuit on behalf of a natural-born U.S. citizen who was unlawfully detained and nearly deported as a result of a Florida sheriff’s improper collaboration with ICE.