Overbreadth Doctrine

1,059 Florida cases classified under this topic, plus 99 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State v. Cotton
  769 So. 2d 345· Fla.· 2000-06-15 ·cited 495×
  The Florida Supreme Court held that the Prison Releasee Reoffender Act (chapter 97-239) does not violate the separation of powers doctrine because it vests prosecutorial discretion in the state attorney to invoke mandatory minimum sentencing, which is a constitutionally permissib
• Grant v. State
  363 So. 2d 1063· Fla.· 1978-05-26 ·cited 421×·via Overbreadth Challenge
• State v. Ecker
  311 So. 2d 104· Fla.· 1975-02-19 ·cited 253×
  The Florida Supreme Court upheld the constitutionality of Florida's loitering statute (Section 856.021), finding it sufficiently narrow and protective against arbitrary enforcement when properly applied. The statute, modeled after the Model Penal Code, requires proof that the def
• Perkins v. State
  576 So. 2d 1310· Fla.· 1991-03-14 ·cited 252×
  The Florida Supreme Court held that the self-defense doctrine is available to defendants engaged in drug trafficking if the other party is the initial aggressor with deadly force, rejecting the Third District's interpretation that drug trafficking qualifies as a 'forcible felony'
• State v. Allen
  362 So. 2d 10· Fla.· 1978-07-20 ·cited 247×
  Florida's Supreme Court reversed a trial judge's dismissal of theft charges under the revised Section 812.014(1), holding that the statute is neither unconstitutionally vague nor lacking in the element of specific criminal intent despite the legislature's deletion of the word "un
• Schmitt v. State
  590 So. 2d 404· Fla.· 1991-11-14 ·cited 229×
  Kenneth Schmitt challenges his conviction for sexual performance by a child under Florida Statute § 827.071(5), arguing the statute is unconstitutionally overbroad and violates due process. The Florida Supreme Court upholds the conviction and the statute's constitutionality after
• United States v. Dellinger
  472 F.2d 340· 7th Cir.· 1972-11-21 ·cited 226×
  The statute under which appellants were prosecuted is facially unconstitutional as it violates the First Amendment right of freedom of speech by impermissibly intruding upon protected advocacy.
• Familias Unidas v. Dolph Briscoe
  619 F.2d 391· 5th Cir.· 1980-06-18 ·cited 206×
  The court held that Texas Education Code § 4.28 is facially unconstitutional because it sweeps too broadly and infringes upon First Amendment rights of association and privacy. While actual damages were not proven, nominal damages are awarded for the infringement.
• State v. Gray
  435 So. 2d 816· Fla.· 1983-07-21 ·cited 188×
  The Florida Supreme Court reversed the District Court of Appeal's decision that reversed Gray's conviction for witness tampering under section 918.14(3)(a)1, holding that scienter and specific intent are not required elements of the crime and therefore need not be alleged in the
• Trushin v. State
  425 So. 2d 1126· Fla.· 1982-11-04 ·cited 167×·via Statutory Overbreadth
  Theodore Trushin was convicted of vote buying under Florida Statute § 104.061(2) for promising to prepare wills without charge to apartment residents in exchange for their votes. The Florida Supreme Court affirmed his conviction, upholding the constitutionality of the statute aga
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• In re Preer Beverly
  342 So. 2d 481· Fla.· 1977-01-27 ·cited 148×
  The Florida Supreme Court upheld the constitutionality of Section 394.467 authorizing involuntary psychiatric hospitalization on grounds of mental illness and dangerousness or incapacity, but reversed the trial court's order committing Beverly Preer for lack of clear and convinci
• Se. Fisheries Ass'n, Inc. v. Dep't OF Natural Res.
  453 So. 2d 1351· Fla.· 1984-04-26 ·cited 142×
  The Florida Supreme Court addressed whether the state fish trap statute applies to extraterritorial waters beyond Florida's territorial limits. The Court held that the statute, which prohibits possession and use of unlawful fish traps, is constitutional as applied within Florida'
• Paton v. la Prade
  524 F.2d 862· 3d Cir.· 1975-10-14 ·cited 139×
  The court held that the plaintiff had standing to challenge the FBI's maintenance of her file and that the district court erred in granting summary judgment on her damages claim, as factual issues remained regarding injury and the legality of the FBI's actions. The court also fou
• United States v. Berrigan
  482 F.2d 171· 3d Cir.· 1973-06-27 ·cited 133×
  The court held that the government failed to prove the warden lacked knowledge of the smuggling attempts, thus convictions on certain counts must be vacated.
• State v. DYE
  346 So. 2d 538· Fla.· 1977-05-19 ·cited 126×
  The Florida Supreme Court affirmed the dismissal of trespass charges against Dye for lack of an essential element in the charging information, while reversing the trial court's finding that the trespass statute (§ 810.09) was unconstitutional. The Court held the statute constitut
• State v. Saunders
  339 So. 2d 641· Fla.· 1976-11-12 ·cited 125×
  The Florida Supreme Court affirmed dismissal of charges against Saunders for resisting arrest, holding that the arrest of the person he resisted was unlawful because it lacked probable cause under the Breach of Peace statute. The Court clarified that Florida Statute 877.03 is con
• Bigelow v. Virginia
  W.D. Pa.· 1975-06-16 ·cited 124×
  The dissent argues that the Court's decision errs in assessing Virginia's interest in regulating commercial advertising for abortion services, and that states retain power to regulate commercial solicitation within their borders.
• State v. Burch
  545 So. 2d 279· Fla. 4th DCA· 1989-02-08 ·cited 121×
  The Florida Fourth District Court of Appeal reversed a trial judge's dismissal of drug charges, holding that Florida's statute prohibiting drug transactions within 1,000 feet of schools is constitutional and not unconstitutionally vague, overbroad, or an abuse of police power. Th
• State v. Monty Ray Belgrave and Stephen Roger Smith
  364 So. 2d 1225· Fla.· 1978-10-19 ·cited 113×
  The court held that Section 812.014, Florida Statutes (1977), is not unconstitutionally overbroad and includes the element of specific criminal intent.
• United States v. Spock
  416 F.2d 165· 1st Cir.· 1969-07-11 ·cited 113×
  The court held that while the First Amendment does not per se require acquittal, the government must prove individual specific intent to adhere to the illegal portions of a bifarious conspiracy, and the conviction of one defendant (Spock) was reversed due to insufficient evidence
• City OF Daytona Beach v. Del Percio
  476 So. 2d 197· Fla.· 1985-08-30 ·cited 110×
  The Florida Supreme Court upheld a Daytona Beach ordinance prohibiting exposure of the female breast below the areola in establishments serving alcohol, reversing the Fifth District Court of Appeal's invalidation of the ordinance on vagueness and overbreadth grounds. The Court he
• State v. Stalder
  630 So. 2d 1072· Fla.· 1994-01-27 ·cited 109×
  Florida's Supreme Court upheld the constitutionality of the state's hate crimes statute (section 775.085), which enhances penalties when crimes evidence prejudice based on victims' protected characteristics. The Court narrowly construed the statute to apply only to bias-motivated
• Alva Gene Franklin v. State
  257 So. 2d 21· Fla.· 1971-12-17 ·cited 107×·via Constitutional Overbreadth
  The Florida Supreme Court held that Fla. Stat. § 800.01, which criminalized the 'abominable and detestable crime against nature,' was unconstitutionally vague for failing to inform persons of average intelligence what conduct is prohibited. The court invalidated the statute while
• United States v. Peters
  791 F.2d 1270· 7th Cir.· 1986-05-20 ·cited 104×
  The court affirmed the convictions and sentences of the defendants, finding no reversible error in the trial court's rulings on search warrants, property seizure, standing, grand jury proceedings, or jury instructions.
• State v. Lewis
  364 So. 2d 1223· Fla.· 1978-10-19 ·cited 104×·via Statutory Overbreadth
  Florida's Supreme Court reversed the dismissal of theft charges against Victor Lewis, rejecting his constitutional challenges to Florida's omnibus theft statute (Section 812.014). The court held that the statute is not unconstitutionally vague, overbroad, or subject to selective
• United States v. Smith
  680 F.2d 255· 1st Cir.· 1982-06-08 ·cited 103×
  The court held that 21 U.S.C. § 955a is within Congress's power to apply extraterritorially to stateless vessels engaged in drug trafficking affecting the United States, and that the evidence was sufficient to support the appellant's conviction for possession with intent to distr
• Bouters v. State
  659 So. 2d 235· Fla.· 1995-04-27 ·cited 101×
  Scott Bouters challenges the constitutionality of Florida's stalking statute (§ 784.048) after being charged with aggravated stalking for harassing his ex-girlfriend in violation of a domestic violence injunction. The Florida Supreme Court upholds the statute, finding it neither
• State v. Dwyer
  332 So. 2d 333· Fla.· 1976-05-05 ·cited 95×·via Facial Overbreadth Doctrine
  The Florida Supreme Court reversed a trial court's dismissal of disorderly conduct and resisting arrest charges, holding that lower federal court decisions are not binding on state courts and that state courts must follow Florida Supreme Court precedent under the doctrine of star
• United States v. Varkonyi
  645 F.2d 453· 5th Cir.· 1981-05-20 ·cited 88×
  The court held that the indictment was sufficient, the statutes were constitutional as applied, the evidence was sufficient for conviction, and the jury instructions were not plain error.
• 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.
• Mahaun v. State
  377 So. 2d 1158· Fla.· 1979-12-13 ·cited 87×
  The Florida Supreme Court affirmed convictions for third-degree felony murder and aggravated child abuse arising from the death of a child in the appellants' care, but vacated one conviction for each appellant based on double-jeopardy principles when the underlying felony was an
• Operation Rescue v. Women's Health Ctr., Inc.
  626 So. 2d 664· Fla.· 1993-10-28 ·cited 84×
  Operation Rescue challenged an amended permanent injunction restricting its anti-abortion demonstrations outside a medical clinic and near employees' homes. The Florida Supreme Court upheld the injunction, holding that content-neutral, narrowly tailored restrictions on the time,
• Sarasota Cnty. v. Barg
  302 So. 2d 737· Fla.· 1974-04-19 ·cited 84×
  The Florida Supreme Court reviewed the constitutionality of Chapter 71-904, a special act creating the Manasota Key Conservation District with restrictions on property use, density, and environmental protection. The Court held that Section 7 and part of Section 6 were unconstitut
• Benny B. Barrett v. Thomas
  649 F.2d 1193· 5th Cir.· 1981-07-10 ·cited 83×
  The court's opinion, which this judge concurs with, holds that a local government entity is liable under § 1983 when its official policy or custom inflicts injury, not solely for the acts of its employees or agents.
• White v. State
  330 So. 2d 3· Fla.· 1976-03-24 ·cited 83×
  John White was convicted of disorderly conduct and resisting arrest after loudly and profanely disrupting police operations at a substation while trying to obtain bail for his father. The Florida Supreme Court upheld the constitutionality of the disorderly conduct statute but rev
• State v. Salvadore Saiez
  489 So. 2d 1125· Fla.· 1986-06-12 ·cited 80×
  Florida's Supreme Court held that a statute criminalizing mere possession of embossing machines violated substantive due process because it lacked a rational relationship to the legitimate state goal of preventing credit card fraud. The Court affirmed the dismissal of charges aga
• Novak v. Beto
  453 F.2d 661· 5th Cir.· 1971-12-09 ·cited 77×
  The court held that Texas's regulation banning all inmate assistance in preparing legal writs is unconstitutional because the state failed to prove it provided reasonable alternatives. However, the court affirmed that solitary confinement as administered by Texas does not constit
• United States v. Cleveland R. Rodgers
  755 F.2d 533· 7th Cir.· 1985-02-01 ·cited 76×·via Facial Overbreadth Doctrine
  The court affirmed the convictions, finding no reversible error in the denial of a continuance, the conviction on Count III, or the evidentiary rulings.
• Fernandes v. Limmer
  663 F.2d 619· 5th Cir.· 1981-12-11 ·cited 74×
  The court held that the Dallas-Fort Worth Airport terminals are public forums and that the ordinance's permit system is unconstitutional due to lack of procedural safeguards and excessive discretion granted to officials.
• CBS Inc. v. The Honorable Don J. Young
  522 F.2d 234· 6th Cir.· 1975-07-02 ·cited 74×
  A district court's order broadly prohibiting parties, their relatives, friends, and associates from discussing a case with the news media or public constitutes an unconstitutional prior restraint on First Amendment freedoms.
• State v. Winters
  346 So. 2d 991· Fla.· 1977-03-31 ·cited 73×
  Florida's Supreme Court held that Section 827.05, Florida Statutes—which criminalized negligent deprivation of children of necessary food, clothing, shelter, or medical treatment—was unconstitutionally vague and overbroad. The Court affirmed the trial court's dismissal of charges
• United States v. Cassiagnol
  420 F.2d 868· 4th Cir.· 1970-01-08 ·cited 73×
  The court held that the GSA regulation prohibiting "unwarranted loitering or assembly" and "unseemly or disorderly conduct" on government property is constitutional, and that the statute delegating authority to promulgate such regulations is also constitutional. However, the conv
• Sandstrom v. Leader
  370 So. 2d 3· Fla.· 1979-03-22 ·cited 71×
  The Florida Supreme Court reversed a circuit court's decision striking down section 400.17(2)(a), which criminalizes the solicitation, offer, or receipt of bribes in connection with nursing home services. The Court held that the statute is not unconstitutionally vague because it
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Cashatt v. State
  873 So. 2d 430· Fla. 1st DCA· 2004-04-26 ·cited 66×
  Jeffrey Cashatt appealed his conviction under Florida's child solicitation statute (§ 847.0135(3)) after pleading nolo contendere to soliciting a minor over the Internet. The appellate court upheld the conviction, rejecting Cashatt's facial constitutional challenges and finding t
• United States v. Velasquez
  772 F.2d 1348· 7th Cir.· 1985-09-05 ·cited 66×
  The court held that the misjoinder of Galvan's heroin charges with the other defendants' charges violated Rule 8(b) and was not harmless error, compelling a new trial for all appellants on all counts. The court also found the retaliation statute constitutional.
• The Naturist Soc'y, Inc. v. Fillyaw
  958 F.2d 1515· 11th Cir.· 1992-04-22 ·cited 65×
  The Eleventh Circuit held that John D. MacArthur Beach State Park is a public forum, reversing the district court's classification of it as a non-public forum. The court found that the case remained justiciable despite amendments to the challenged regulations, preserving claims f
• Fla. Bd. of Bar Exam'rs re: Applicant
  443 So. 2d 71· Fla.· 1983-11-03 ·cited 65×
  The Florida Supreme Court upheld the Florida Board of Bar Examiners' requirement that a bar applicant answer a question about past mental health treatment and execute an authorization form allowing disclosure of medical records. The Court held that while the requirement implicate
• Hobbs v. Mayor Ronnie Thompson
  448 F.2d 456· 5th Cir.· 1971-09-16 ·cited 65×
  The court held that recent Supreme Court decisions on federal intervention do not preclude federal consideration of First Amendment claims against municipal ordinances, especially when the challenge is to employment conditions and not a pending criminal prosecution.