Overbreadth Doctrine

1,052 Florida cases classified under this topic · sorted by citation count

• United States v. Sturgill
  563 F.2d 307· 6th Cir.· 1977-10-06 ·cited 6×
  The court held that the defendant's conviction for harassment must be reversed because the Kentucky statute was unconstitutionally overbroad and susceptible to application to protected speech. The court affirmed convictions for failing to obey a stop sign and disorderly conduct.
• Paul A. Richter dba the Body Shop v. Dep't OF Alcoholic Bev. Control OF the State OF Cal.
  559 F.2d 1168· 9th Cir.· 1977-08-29 ·cited 6×
  The court held that the state's regulation prohibiting nude dancing in establishments licensed to sell liquor is facially constitutional, and its application to the appellant's establishment was permissible under the Twenty-first Amendment, even if the dancing had some expressive
• Wright v. Chief OF Transit Police
  558 F.2d 67· 2d Cir.· 1977-06-08 ·cited 6×
  The court held that the district court erred in dismissing the complaint without making findings on whether reasonable regulations could accommodate plaintiffs' First Amendment rights and the Transit Authority's safety concerns.
• Bellamy v. State
  347 So. 2d 419· Fla.· 1977-06-02 ·cited 6×
  Sylvester Bellamy challenged the constitutionality of Florida's gambling house statute on vagueness and overbreadth grounds after his conviction for operating a gambling operation. The Florida Supreme Court upheld the statute as sufficiently clear, holding that the terms 'gaming'
• Hammond v. The Honorable Richard B. Adkisson
  536 F.2d 237· 8th Cir.· 1976-05-26 ·cited 6×
  The court held that the petitioner's conviction for abusive language violated the First Amendment because the state trial court failed to find that her words were 'fighting words' likely to provoke violent retaliation under the circumstances.
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• Sheehan v. Scott
  520 F.2d 825· 7th Cir.· 1975-07-22 ·cited 6×
  The court held that the complaint failed to allege a substantial constitutional question, thus dismissal was proper.
• Cook v. Hudson
  511 F.2d 744· 5th Cir.· 1975-04-21 ·cited 6×
  The court affirmed the district court's judgment, holding that a school board's policy requiring teachers' children to attend public schools was constitutional as applied to teachers whose children attended a segregated private academy, balancing the teachers' rights against the
• Eagle v. Andera
  508 F.2d 1293· 8th Cir.· 1975-01-08 ·cited 6×
  The court held that the contributing to delinquency statute was not unconstitutionally vague as applied to the appellants' conduct, but remanded the disorderly conduct statute for an evidentiary hearing on its construction.
• Jones v. Florida
  419 U.S. 1081· U.S.· 1974-12-23 ·cited 6×
• Donald v. Hatch and Viola Hatch
  502 F.2d 1189· 10th Cir.· 1974-09-20 ·cited 6×
  The court held that claims regarding student hair length and the compulsory attendance statute were properly dismissed, but claims regarding denial of due process for expulsion without a hearing and violation of religious freedom were substantial and should not have been dismisse
• Cinecom Theaters Midwest States, Inc. v. The City OF Fort Wayne
  473 F.2d 1297· 7th Cir.· 1973-01-29 ·cited 6×
  A city ordinance prohibiting the exhibition of nudity visible from public streets in drive-in theaters is unconstitutional due to overbreadth, as it extends beyond permissible regulation of obscenity and infringes upon First Amendment rights.
• Swinney v. Royal J. Untreiner
  272 So. 2d 805· Fla.· 1973-01-22 ·cited 6×
  The Florida Supreme Court upheld the constitutionality of Section 23 of the Escambia County Civil Service Act, which prohibits classified civil service employees from engaging in political activities, while striking down Section 18 which imposed criminal penalties for violations.
• United States v. Farinas
  448 F.2d 1334· 2d Cir.· 1971-09-28 ·cited 6×
  The court held that the regulation requiring registrants to obey orders at induction centers is constitutional as applied, and that the admission of evidence regarding conduct in Room 206 was proper.
• United States v. Kilgen
  431 F.2d 627· 5th Cir.· 1970-07-09 ·cited 6×
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×
  The State appeals the trial court's dismissal of charges against Christopher and Wendy Carrier for forging and altering animal health certificates under Florida Statute § 585.145(3). The trial court found the statute unconstitutionally vague and violative of substantive due proce
• Nev. Comm'n on Ethics v. Carrigan
  564 U.S. 117· U.S.· 2011-06-13 ·cited 5×
  The Supreme Court held that a legislator's vote is not protected speech under the First Amendment, and therefore Nevada's ethics law requiring recusal from voting on matters presenting conflicts of interest does not violate the First Amendment. The Court reversed the Nevada Supre
• Cooper Tire & Rubber Co. v. Rodriguez
  2 So. 3d 1027· Fla. 3d DCA· 2009-01-14 ·cited 5×
  Cooper Tire & Rubber Co. sought certiorari review of two discovery orders requiring it to produce documents in response to requests from plaintiff Sandra Rodriguez in a products liability action arising from a tire separation. The Florida District Court of Appeal dismissed the pe
• Smith v. State
  967 So. 2d 937· Fla. 2d DCA· 2007-09-05 ·cited 5×
  David Lee Smith was convicted of disorderly conduct and battery on two law enforcement officers, with consecutive habitual felony offender sentences imposed. The Florida appellate court reversed the disorderly conduct conviction as unsupported by evidence and remanded for resente
• Avrich v. State
  936 So. 2d 739· Fla. 3d DCA· 2006-08-23 ·cited 5×
  William Avrich was convicted of 37 counts including extortion and making obscene and harassing telephone calls. The Third District Court of Appeal affirmed his convictions on counts 1 and 10-37 but reversed counts 2-9, holding that the victim lacked a reasonable expectation of pr
• Nat'l Advertising Co. v. City of Miami
  287 F. Supp. 2d 1349· S.D. Fla.· 2003-09-25 ·cited 5×
  The court held that National Advertising Company lacks standing to challenge provisions of the City's Zoning Ordinance that restrict noncommercial speech because its interest in noncommercial speech is de minimis (2%).
• Bischoff v. Florida
  242 F. Supp. 2d 1226· M.D. Fla.· 2003-01-03 ·cited 5×
  The court adopted the Magistrate Judge's recommendation, finding the contested statutes unconstitutional and that the plaintiffs had standing.
• American-Arab Anti-Discrimination Comm. v. Thornburgh
  970 F.2d 501· 9th Cir.· 1991-07-26 ·cited 5×
  The court held that while the individual appellees have standing, their First Amendment challenges to the McCarran-Walter Act provisions are not ripe for review due to a lack of factual development and agency interpretation. The court reversed the declaratory judgment and remande
• United States v. Brice
  926 F.2d 925· 9th Cir.· 1991-02-28 ·cited 5×
  The court held that the evidence was sufficient to support the conviction and that the regulation was not unconstitutionally vague or overbroad.
• White v. City OF Norwalk
  900 F.2d 1421· 9th Cir.· 1990-04-18 ·cited 5×
  The court held that the Norwalk Municipal Code § 2-1.2, when narrowly construed to require actual disruption, is not facially unconstitutional for overbreadth or vagueness, and that the trial judge's comments and evidentiary rulings did not constitute an abuse of discretion.
• Brown v. The City OF Trenton
  867 F.2d 318· 6th Cir.· 1989-02-09 ·cited 5×
  The court held that the police officers' letter to their chief, criticizing internal departmental matters, did not constitute speech on a matter of public concern and therefore was not protected by the First Amendment.
• News & Sun-Sentinel Co. v. Cox
  702 F. Supp. 891· S.D. Fla.· 1988-12-19 ·cited 5×
  The court held that Florida Statute § 337.406, as written, is an unconstitutional restriction on First Amendment rights because it is overbroad and not narrowly tailored to serve a significant governmental interest. The court also denied claims regarding the Sunshine Act and tort
• Lanier v. City OF Newton
  807 F.2d 922· 11th Cir.· 1987-01-14 ·cited 5×
  The Eleventh Circuit certified questions to the Alabama Supreme Court regarding whether the State delegated its Twenty-First Amendment power to municipalities, whether the State preempted the field of regulating entertainment in liquor establishments, and whether the City's ordin
• Johnson v. Carson
  569 F. Supp. 974· M.D. Fla.· 1983-03-08 ·cited 5×
  The court held that the Municipal Ordinance § 330.107 of the City of Jacksonville is unconstitutionally overbroad because it prohibits constitutionally protected conduct, such as freedom of association and movement, in violation of the First Amendment.
• United States v. Lemons
  697 F.2d 832· 8th Cir.· 1983-01-17 ·cited 5×
  The Arkansas sodomy statute is unconstitutional as it impermissibly discriminates against homosexuals on equal protection grounds.
• United States v. Damon
  676 F.2d 1060· 5th Cir.· 1982-05-24 ·cited 5×
  The court affirmed the convictions, holding that the statute was constitutional and properly applied, and that the defendants' procedural and evidentiary challenges lacked merit.
• Cross v. State
  374 So. 2d 519· Fla.· 1979-07-27 ·cited 5×
  Randall Cross appeals his conviction for disorderly intoxication under Florida Statute § 856.011(1), challenging the statute's constitutionality as applied to him on First Amendment grounds. The Florida Supreme Court affirms the conviction, holding that Cross's intoxicated conduc
• In the Interest of D. T. H. v. State
  348 So. 2d 1155· Fla.· 1977-07-28 ·cited 5×
  The Florida Supreme Court reversed a trial court's order committing a 13-year-old child to the Division of Youth Services based on a second adjudication of ungovernability, holding that the petition was defective because it was not filed by the State Attorney and failed to notify
• Party v. Pomerleau
  557 F.2d 410· 4th Cir.· 1977-06-28 ·cited 5×
  The court held that Baltimore's noise control ordinance, as applied to the amplification of political speech on public streets, is unconstitutionally vague and overbroad.
• Sylister Ed Williams v. State
  340 So. 2d 498· Fla. 1st DCA· 1976-12-03 ·cited 5×
  The court held that the defendant's conduct constituted probable cause for arrest under the ordinance, and the ordinance was constitutional as applied to the facts.
• 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.
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Munao v. State
  939 So. 2d 125· Fla. 4th DCA· 2006-09-01 ·cited 4×
  Edward Munao was convicted of child abuse and solicitation to commit aggravated battery for encouraging his six-year-old son to stab the child's mother. The Fourth District Court of Appeal reversed the child abuse conviction, holding that oral statements alone cannot support a co
• The Sarasota Herald-Tribune v. State of Fla. & Joseph Smith
  916 So. 2d 904· Fla. 2d DCA· 2005-11-17 ·cited 4×
  The Sarasota Herald-Tribune, Tampa Tribune, and WFLA-TV News Channel 8 petitioned to quash portions of a trial court order restricting media coverage of jurors in the high-profile criminal trial of Joseph P. Smith, accused of murdering Carlie Brucia. The appellate court partially
• Blue Moon Enters., Inc. v. Pinellas Cnty. Dep't of Consumer Prot.
  97 F. Supp. 2d 1134· M.D. Fla.· 2000-05-10 ·cited 4×
  The court held that certain provisions of the Pinellas County Code governing adult entertainment establishments, specifically those requiring continuous monitoring of patrons and imposing vicarious liability without scienter, are unconstitutional.
• Fla. Video Xpress, Inc. v. Orange Cnty.
  983 F. Supp. 1091· M.D. Fla.· 1997-10-24 ·cited 4×
• State v. Baal
  680 So. 2d 608· Fla. 2d DCA· 1996-10-02 ·cited 4×
  The court held that the circuit court erred in declaring the trespassing ordinance unconstitutional on the basis of vagueness, as the ordinance provides adequate notice and does not invite arbitrary enforcement.
• State v. Foster
  674 So. 2d 747· Fla. 1st DCA· 1996-02-28 ·cited 4×
  The State of Florida appealed dismissals of unauthorized practice of law charges against Scott and Martha Foster, paralegals who questioned witnesses in depositions. The appellate court reversed, holding that depositions constitute the practice of law, that Florida's unauthorized
• Gilbert v. State
  659 So. 2d 233· Fla.· 1995-04-27 ·cited 4×
• Varney v. State
  659 So. 2d 234· Fla.· 1995-04-27 ·cited 4×
• Ledford v. State
  652 So. 2d 1254· Fla. 2d DCA· 1995-04-07 ·cited 4×
  Wayne Ledford challenged a St. Petersburg ordinance prohibiting begging for money on public ways as unconstitutional. The appellate court held the ordinance violated the First Amendment because it was overbroad, failed to distinguish between aggressive and passive begging, and wa
• State v. Mitchell
  652 So. 2d 473· Fla. 2d DCA· 1995-03-24 ·cited 4×
  The State of Florida appealed a trial court order dismissing charges against Mitchell for discharging destructive devices and declaring related statutes unconstitutional. The appellate court reversed in part and affirmed in part, holding that the statutes are not void for vaguene
• State v. Bley
  652 So. 2d 1159· Fla. 2d DCA· 1995-03-01 ·cited 4×
  The court held that section 827.04(2), Florida Statutes (1993), is not impermissibly vague, despite the lack of a specific definition for 'physical injury'.
• Perez v. State
  648 So. 2d 784· Fla. 2d DCA· 1994-12-21 ·cited 4×
  The court held that the stalking statute is facially constitutional. The court certified a question of great public importance regarding its constitutionality.
• Huffine v. State
  648 So. 2d 783· Fla. 2d DCA· 1994-12-21 ·cited 4×
  The court held that section 784.048, Florida Statutes (Supp. 1992), the stalking statute, is facially constitutional.