Malicki v. Doe, 814 So. 2d 347, Fla. 2002
Mar 14, 2002OUTCOME: The Florida Supreme Court held that the First Amendment does not prevent claims of negligent hiring and supervision against the religious organizations for the alleged misconduct of their clergy.
The Florida Supreme Court held that the First Amendment does not bar claims against religious institutions for the sexual misconduct of their clergy. The Florida Supreme Court determined that the Fir ... st Amendment does not prevent claims of negligent hiring and supervision against religious institutions for misconduct by their clergy. The Florida Supreme Court balanced the two relevant clauses of the First Amendment, the Free Exercise Clause and the Establishment Clause.