Overbreadth Challenge

34 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Grant v. State
  363 So. 2d 1063· Fla.· 1978-05-26 ·cited 421×
• Int'l Soc'y FOR Krishna Consciousness OF Atlanta v. Eaves
  601 F.2d 809· 5th Cir.· 1979-08-30 ·cited 88×
  The court held that the challenges to the solicitation booth requirement and the vagueness/overbreadth of § 9(a) were justiciable, but the challenge to the penalty provisions presented a closer question.
• State v. Brake
  796 So. 2d 522· Fla.· 2001-09-20 ·cited 64×
  The Florida Supreme Court reviewed a district court decision invalidating Florida Statute 787.025, which criminalizes luring a child under twelve into a structure by persons with prior sexual offense convictions. The Court held the statute is not unconstitutionally vague or overb
• Dufresne v. State
  826 So. 2d 272· Fla.· 2002-09-05 ·cited 61×
  The Florida Supreme Court addressed whether the term "mental injury" in the child abuse statute (section 827.03(1)(b)) is unconstitutionally vague. The Court held that the term is not vague because it is adequately defined in related statutory provisions in chapter 39, and statut
• Rhodes v. State
  283 So. 2d 351· Fla.· 1973-09-19 ·cited 52×
  James Rhodes was convicted of exhibiting obscene films at his adult theater in violation of Florida's obscenity statute. The Florida Supreme Court affirmed his conviction, holding that the obscenity statute was sufficiently clear through prior judicial construction and that the a
• Slaughter v. State
  301 So. 2d 762· Fla.· 1974-09-25 ·cited 24×
  The Florida Supreme Court affirmed convictions for conspiracy to commit arson and arson of a school building, rejecting constitutional challenges to Florida's conspiracy statute and jury selection procedures, and finding no reversible error in the trial court's conduct.
• Zuppardi v. State
  367 So. 2d 601· Fla.· 1978-10-26 ·cited 14×
  Appellants challenged the constitutionality of Florida's bookmaking statute as vague and overbroad, and challenged wiretap authorization and consent procedures used in their gambling investigation. The Florida Supreme Court upheld the statute's constitutionality and affirmed the
• State v. Catalano
  60 So. 3d 1139· Fla. 2d DCA· 2011-05-11 ·cited 13×
  The Florida Second District Court of Appeal denied the State's petition for certiorari challenging a circuit court's decision that section 316.3045, which restricts car stereo volume on public streets, is unconstitutional. The court held the statute is both facially vague under t
• Wilkerson v. State
  401 So. 2d 1110· Fla.· 1981-07-16 ·cited 11×
  Florida's animal cruelty statute is not unconstitutionally vague as to the terms "animal" and "unnecessarily," and the defendant lacks standing to challenge it on overbreadth grounds when his own conduct clearly violates the statute.
• Wollschlaeger v. Governor OF the State of Fla.
  760 F.3d 1195· 11th Cir.· 2014-07-25 ·cited 10×
  Florida's Firearm Owners Privacy Act restricts physicians from inquiring about or recording patients' firearm ownership when not relevant to medical care, and prohibits discrimination and harassment based on firearm ownership. Physicians and medical organizations challenged the A
• Siplin v. State
  972 So. 2d 982· Fla. 5th DCA· 2007-12-28 ·cited 10×
  Gary Siplin appeals convictions for grand theft and misdemeanor violation of a campaign finance statute. The court reverses the grand theft conviction for insufficient evidence and reverses the misdemeanor conviction due to a missing mens rea jury instruction, though the misdemea
• State v. Tremmel
  644 So. 2d 102· Fla. 2d DCA· 1994-09-23 ·cited 10×
• Bankshot Billiards, Inc. v. City OF Ocala
  634 F.3d 1340· 11th Cir.· 2011-03-11 ·cited 8×
  Bankshot Billiards challenged a City of Ocala ordinance restricting entry of persons under twenty-one to alcohol-serving establishments, claiming the ordinance was unconstitutionally vague under the Fourteenth Amendment. The district court declared the ordinance facially vague an
• United States v. Kaufmann
  985 F.2d 884· 7th Cir.· 1993-02-02 ·cited 8×
  The court held that it has appellate jurisdiction over the conviction and sentence, and that sufficient evidence supported the conviction for attempted money laundering.
• Falzone v. State
  500 So. 2d 1337· Fla.· 1987-01-05 ·cited 8×
  Sam Falzone was indicted for failing to file a statement of organization as a political committee under Florida's Campaign Finance Law. He challenged the constitutionality of the statute as vague and overbroad, but the Florida Supreme Court upheld the law's facial validity, rejec
• Herzbrun v. Milwaukee Cnty.
  504 F.2d 1189· 7th Cir.· 1974-10-17 ·cited 8×
  The court held that the county rule's provision for discipline based on acts unbecoming an employee was not unconstitutionally vague or overbroad, particularly for an employee whose conduct was clearly within the rule's scope.
• Jones v. Honorable David L. Wilkinson
  800 F.2d 989· 10th Cir.· 1986-09-08 ·cited 6×
  The court held that federal law preempts state regulation of cable television programming content, and that a party's ability to pay attorney's fees is not a special circumstance to deny an award under 42 U.S.C. § 1988.
• Dream Defenders v. Governor of the State of Fla.
  119 F.4th 872· 11th Cir.· 2024-10-07 ·cited 4×
  The court held that the Florida Supreme Court's interpretation of the amended riot statute clarified that it does not criminalize peaceful protest, thus the plaintiffs failed to show a likelihood of success on their vagueness and overbreadth claims.
• S & S Pawn Shop Inc. v. City OF DEL City
  947 F.2d 432· 10th Cir.· 1991-10-09 ·cited 4×
  The court held that the district court erred in granting summary judgment on the constitutionality of the warrantless inspection statute as applied to the appellant, and correctly abstained from deciding the constitutionality of the other statute.
• Home Depot, Inc. v. Guste
  777 F.2d 1063· 5th Cir.· 1985-12-10 ·cited 4×
  A statute is not facially void for vagueness if it has a substantial core of clear applications, even if some applications are ambiguous. A facial vagueness challenge fails unless the law is impermissibly vague in all applications.
• Labriola v. Miami-Dade Cnty.
  142 F.4th 1305· 11th Cir.· 2025-07-03 ·cited 3×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that the County's interest in efficient operations outweighed the employee's free speech interests, and that the employee's other claims also failed.
• Meinecke v. State
  351 So. 3d 1196· Fla. 2d DCA· 2022-11-30 ·cited 3×
  The appellate court affirmed a defendant's convictions for trespass in a school safety zone and disruption of a school function. The court rejected the defendant's arguments that the statutes were unconstitutionally vague or overbroad, finding they were narrowly tailored to prote
• Honeyfund.com Inc v. Desantis
  546 F. Supp. 3d 1082· N.D. Fla.· 2022-08-18 ·cited 2×
  Honeyfund.com and other employers and diversity consultants challenged Florida's Individual Freedom Act, which prohibits employers from endorsing eight specified concepts related to race, sex, and national origin during mandatory employee activities, as a violation of the First A
• Smith v. Fla. Dep't OF Corr.
  799 So. 2d 319· Fla. 1st DCA· 2001-10-09 ·cited 2×
• Resort Dev. Int'l, Inc. v. City of Panama City Beach
  636 F. Supp. 1078· N.D. Fla.· 1986-05-01 ·cited 1×
  The court held that the amended ordinance, as a content-neutral time, place, and manner restriction on commercial speech, does not violate the First Amendment or the Equal Protection Clause.
• HM Florida-ORL, LLC v. Sec'y of the Fla. Dep't of Bus.
  11th Cir.· 2026-08-04
  The district court lacked authority to issue a universal injunction against enforcement of Florida's Protection of Children Act because universal injunctions exceed a federal court's equitable authority under the Judiciary Act, as established in Trump v. CASA, Inc., and no except
• Broad. Team, Inc. v. Fed. Trade Comm'n
  429 F. Supp. 2d 1292· M.D. Fla.· 2006-04-14
  The court held that the FTC's interpretation of the Telemarketing Sales Rule's abandoned calls provision, as applied to for-profit telefunders using prerecorded messages for charitable solicitations, is not an unconstitutional restriction on speech and does not exceed the FTC's s
• Saun Reeves v. State
  631 So. 2d 374· Fla. 1st DCA· 1994-02-11
  Florida's Hate Crimes Statute (section 775.085) is constitutional and does not violate the Free Speech or Due Process Clauses; affirming conviction for shooting into an occupied building with hate crime enhancement.
• United States v. Chaidez
  916 F.2d 563· 9th Cir.· 1990-10-12
  The court held that the defendant's conspiracy offense qualified as a 'drug trafficking crime' under the pre-amendment definition of 18 U.S.C. § 924(c)(2), and that the statute's mandatory minimum sentence provision does not violate the separation of powers.
• United States v. Blaine Johnson
  685 F.2d 337· 9th Cir.· 1982-08-26
  The court held that the Wild Free-roaming Horses and Burros Act is not unconstitutionally vague or overbroad as applied to the defendant's conduct of removing wild horses from public lands without a permit.
• Riggins v. State
  369 So. 2d 948· Fla.· 1979-04-05
  The Florida Supreme Court upheld section 409.325, Florida Statutes, prohibiting fraudulent failure to disclose material facts in food stamp eligibility determinations, rejecting constitutional challenges based on vagueness, overbreadth, and unlawful delegation of legislative auth