Overbreadth Doctrine

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

• Salinas v. Mason
  627 So. 2d 525· Fla. 2d DCA· 1993-10-15 ·cited 4×
• Nat'l Treas. Emps. Union v. United States
  990 F.2d 1271· D.C. Cir.· 1993-03-30 ·cited 4×
  The court held that the Ethics in Government Act's ban on honoraria for executive branch employees is unconstitutional as applied because it is overbroad and not narrowly tailored, but it is severable from the ban as applied to legislative and judicial branches.
• Jews FOR Jesus, Inc. v. Mass. BAY Transp. Auth.
  984 F.2d 1319· 1st Cir.· 1993-02-05 ·cited 4×
  The court held that the MBTA's complete ban on noncommercial expressive activity in certain areas was an unconstitutional restriction on speech, but the requirement for prior authorization to engage in such activity was a permissible time, place, and manner regulation.
• Longo v. United States Postal Serv.
  953 F.2d 790· 2d Cir.· 1992-01-13 ·cited 4×
  The court held that the Postal Service regulation prohibiting campaigning for election to public office on postal property is a valid time, place, and manner restriction on speech, serving a significant government interest and leaving open alternative means of communication.
• State v. Griffith Thurston
  591 So. 2d 998· Fla. 3d DCA· 1991-12-17 ·cited 4×
  The appellate court affirmed a lower court's decision that Florida's Litter Law was unconstitutionally overbroad as applied to motor vehicles. The court found the statute gave unfettered discretion to law enforcement regarding the placement of vehicles on rights-of-way.
• 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.
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  932 F.2d 1504· D.C. Cir.· 1991-05-17 ·cited 4×
  A total ban on broadcast indecency is unconstitutional, and Congress cannot compel the FCC to implement such a ban, requiring the FCC to establish a safe harbor period for indecent broadcasts.
• United States v. Easley
  927 F.2d 1442· 8th Cir.· 1991-03-21 ·cited 4×
  The court held that the district court's jury instructions on obscenity were proper and that the statute 18 U.S.C. § 1461 is not facially invalid. The court also rejected claims of double jeopardy.
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Am. Civil Liberties Union of Fla., Inc. v. Florida Bar
  744 F. Supp. 1094· N.D. Fla.· 1990-08-10 ·cited 4×
  The court held that Florida Canon 7(B)(1)(c), prohibiting judicial candidates from announcing views on disputed legal or political issues, is likely unconstitutional as it is not narrowly tailored to serve a compelling state interest.
• United States v. Hoyland
  903 F.2d 1288· 9th Cir.· 1990-05-25 ·cited 4×
  A defendant can be convicted of willfully structuring bank deposits to avoid reporting requirements, even if they were unaware the conduct was illegal, as long as they acted with the intent to prevent the bank from filing a report.
• Sexton, Inc. v. City OF Vero Beach
  555 So. 2d 444· Fla. 4th DCA· 1990-01-17 ·cited 4×
  Sexton, Inc. and Oslo Packing Company appealed a summary judgment upholding Vero Beach's charter amendment requiring voter approval by referendum before the city could expend tax dollars on beach restoration involving sand placement. The Fourth District Court of Appeal affirmed,
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1568· S.D. Fla.· 1989-12-15 ·cited 4×
  The court held that the distance ordinances, including the waiver provision, were facially valid time, place, and manner regulations and that the plaintiff's claims were barred by res judicata or failed on the merits.
• United States v. Wallington
  889 F.2d 573· 5th Cir.· 1989-11-21 ·cited 4×
  The court held that 18 U.S.C. § 1905 is constitutional as construed to prohibit only knowing disclosures of confidential information by federal employees, not all employment-related disclosures.
• Miller v. Civil City OF S. Bend
  887 F.2d 826· 7th Cir.· 1989-10-19 ·cited 4×
  Non-obscene nude dancing performed as entertainment is expressive activity protected by the First Amendment, and Indiana's public indecency law cannot be enforced against it.
• United States v. Nelsen
  859 F.2d 1318· 8th Cir.· 1988-10-20 ·cited 4×
  The court held that the Switchblade Knife Act is constitutional and does not violate due process or the Second Amendment, and that the Act was not unconstitutionally vague or overbroad as applied to the defendant.
• Doe v. Gonzalez
  723 F. Supp. 690· S.D. Fla.· 1988-05-31 ·cited 4×
  The court held that Florida Statute § 112.317(6) is unconstitutional on its face and as applied because its restrictions on speech, particularly concerning confidential investigations, infringe upon First Amendment freedoms without sufficient justification.
• Hillery C. Thorne, Jr. v. Bailey
  846 F.2d 241· 4th Cir.· 1988-05-05 ·cited 4×
  The statute is unconstitutional because it is overbroad and abridges freedom of speech, and it was unconstitutionally applied to Thorne's conduct.
• In re Grand Jury Subpoena: Subpoena Duces Tecum v. John DOE 819 (Model Magazine)
  844 F.2d 202· 4th Cir.· 1988-04-19 ·cited 4×
  The court denied the government's petition for rehearing and suggestion for rehearing en banc.
• Sable Commc'ns OF Cal., Inc. v. Fed. Commc'ns Comm'n
  827 F.2d 640· 9th Cir.· 1987-09-11 ·cited 4×
  The court held that the district court lacked jurisdiction to review the FCC regulation but had jurisdiction to consider a facial challenge to the statute, and the case was justiciable.
• State v. Cary A. Hardee and Joseph Wilson
  504 So. 2d 33· Fla. 1st DCA· 1987-03-11 ·cited 4×
  Florida appeals the dismissal of a contraband charge against jail visitors under section 951.22, which prohibited possessing currency in amounts 'not authorized by the Sheriff.' The trial court found the statute unconstitutionally vague and an invalid delegation of legislative au
• Rios v. Lane
  812 F.2d 1032· 7th Cir.· 1987-02-13 ·cited 4×
  The court held that the disciplinary rule as applied to the inmate was unconstitutionally vague, violating his due process rights, and that prison officials were not entitled to qualified immunity.
• Mini Spas, Inc. v. S. Salt Lake City Corp.
  810 F.2d 939· 10th Cir.· 1987-01-29 ·cited 4×
  A city ordinance prescribing a dress code for massage parlors, intended to control prostitution, does not violate the First Amendment, Equal Protection Clause, or Due Process Clause, as it is a permissible regulation of conduct with incidental effects on expression.
• Wickman v. Firestone
  500 So. 2d 740· Fla. 4th DCA· 1987-01-14 ·cited 4×
  A Florida corporation engaged in professional fund solicitation challenged the constitutionality of Chapter 496 of the Florida Statutes, which regulates charitable solicitations. The appellate court upheld the statute, finding it does not violate the First Amendment, Equal Protec
• The Alan Guttmacher Inst. v. McPHERSON
  805 F.2d 1088· 2d Cir.· 1986-11-17 ·cited 4×
  The dissenting judge believes the plaintiff is entitled to broader relief than that provided by the consent judgment, potentially including a declaration that AID's policy is unlawful and the establishment of a new review board.
• Vernon Beigay, Inc. v. Traxler
  790 F.2d 1088· 4th Cir.· 1986-04-28 ·cited 4×
  The court held that while most of South Carolina's obscenity statutes comply with Miller guidelines, sections 16-15-280(1) and (4) are unconstitutionally overbroad. The court also affirmed the dismissal of the § 1983 claim.
• The 4245 Corp. v. The City OF Oakland Park
  473 So. 2d 12· Fla. 4th DCA· 1985-07-17 ·cited 4×
  The court reversed a permanent injunction that shut down an entire business for lewdness violations, holding that the injunction was overbroad and that the trial court should have limited relief to the illegal acts while allowing the business to operate legitimately.
• Clean-Up '84 v. Heinrich
  590 F. Supp. 928· M.D. Fla.· 1984-07-19 ·cited 4×
  Florida statutes prohibiting signature solicitation near polling places and requiring fees for signature verification on initiative petitions are unconstitutional as they violate First Amendment rights and the Equal Protection Clause.
• Pienta v. Vill. OF Schaumburg
  710 F.2d 1258· 7th Cir.· 1983-06-28 ·cited 4×
  The court held that the Schaumburg Police Department's regulations confining employees on sick or injury leave to their homes were facially unconstitutional.
• Davenport v. City OF Alexandria
  683 F.2d 853· 4th Cir.· 1982-07-21 ·cited 4×
  The ordinance is unconstitutional because it is overbroad and lacks sufficient standards for permit issuance.
• Int'l Union v. Dana Corp.
  679 F.2d 634· 6th Cir.· 1982-06-04 ·cited 4×
  The court held that the Norris-LaGuardia Act does not preclude injunctions against employer self-help measures that undermine the arbitral process, even if those measures involve speech protected by the First Amendment.
• City OF ST. Petersburg v. Pinellas Cnty. Police Benevolent Ass'n
  414 So. 2d 293· Fla. 2d DCA· 1982-05-26 ·cited 4×
  The appellate court reviewed a lower court's decision that a municipal police department's "improper conduct" rule was unconstitutionally vague and overbroad. The appellate court reversed, finding the rule, while broad, was sufficiently clear for a police officer to understand hi
• Sovereign News Co. v. Falke
  674 F.2d 484· 6th Cir.· 1982-02-04 ·cited 4×
  The court held that the district court had too narrowly construed the Ohio Supreme Court's opinion regarding the obscenity statute's constitutionality.
• McCOLLESTER v. The City OF Keene
  668 F.2d 617· 1st Cir.· 1982-01-11 ·cited 4×
  A plaintiff challenging a statute must demonstrate a realistic danger of sustaining a direct injury from its operation or enforcement, and mere speculative fears are insufficient to establish a case or controversy under Article III.
• United States v. Calderon
  655 F.2d 1037· 10th Cir.· 1981-08-07 ·cited 4×
  The court held that the statute prohibiting assault on a member of Congress is constitutional and that the jury instructions adequately conveyed the common-law definition of assault, which includes placing another in apprehension of bodily harm.
• Otten v. Schicker
  655 F.2d 142· 8th Cir.· 1981-07-27 ·cited 4×
  A police department regulation prohibiting employees from running for elective public office does not unconstitutionally infringe First Amendment rights, is not vague or overbroad, and does not violate equal protection.
• Fla. Businessmen for Free Enter. v. State
  499 F. Supp. 346· N.D. Fla.· 1980-09-30 ·cited 4×
  The court held that Section 893.147(1) of Florida's 'Head Shop' law is unconstitutionally vague because it prohibits mere possession of drug paraphernalia without requiring proof of the defendant's intent or knowledge of illegal use. The remainder of the law was found constitutio
• Helms v. Elie Jones
  621 F.2d 211· 5th Cir.· 1980-07-11 ·cited 4×
  The court held that the Georgia child abandonment statute violates the Equal Protection Clause by creating a felony for leaving the state while only a misdemeanor for abandoning a child within the state, thereby infringing the fundamental right to travel.
• Dillard v. LaVALLEE
  559 F.2d 873· 2d Cir.· 1977-07-26 ·cited 4×
  New York Penal Law § 70.06, as applied to the appellant, does not violate the equal protection clause of the fourteenth amendment because there is a rational basis for the statutory distinctions made.
• Perry v. ST. Pierre
  518 F.2d 184· 2d Cir.· 1975-05-29 ·cited 4×
  The court held that the City Charter section prohibiting police officers from engaging in political activity was not unconstitutional on its face and affirmed the denial of a preliminary injunction.
• Squire v. Pace
  516 F.2d 240· 4th Cir.· 1975-05-20 ·cited 4×
  The court held that Virginia's disorderly conduct statute is unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments.
• Hand v. State
  306 So. 2d 591· Fla. 2d DCA· 1975-01-22 ·cited 4×
  Bill Hand was convicted of delivering phencyclidine under a statute prohibiting barbiturate delivery, despite prior cases holding phencyclidine was not a prohibited hallucinogenic drug. The court affirmed the conviction, holding that phencyclidine could be charged as a barbiturat
• Augenblick v. The United States
  509 F.2d 1157· Ct. Cl.· 1975-01-22 ·cited 4×
  The court held that the military courts had jurisdiction to try Commander Augenblick because his offense had a "service connection," despite it occurring off-base and in civilian clothes.
• Holiday Magic, Inc. v. Warren
  497 F.2d 687· 7th Cir.· 1974-05-20 ·cited 4×
  A single district judge erred by dismissing a complaint challenging a state regulation on constitutional grounds without convening a three-judge court, as the constitutional claims presented were not insubstantial.
• Pordum v. Bd. OF Regents OF the State OF NEW York
  491 F.2d 1281· 2d Cir.· 1974-02-20 ·cited 4×
  The court affirmed the district court's decision, holding that the claims challenging the constitutionality of section 305(7) of the New York Education Law were either foreclosed by prior decisions or lacked merit, and thus a three-judge court was not required.
• Papish v. The Bd. OF Curators OF the Univ. OF Mo.
  464 F.2d 136· 8th Cir.· 1972-06-15 ·cited 4×
  The dissent argues that the student's dismissal for distributing allegedly obscene material violated her First Amendment rights because the material was not legally obscene and its distribution did not cause disruption.
• Sill v. The Pa. State Univ.
  462 F.2d 463· 3d Cir.· 1972-06-08 ·cited 4×
  The court held that the university's disciplinary regulations were not unconstitutionally vague or overbroad, and that the use of a special disciplinary panel did not violate procedural due process. Students placed on probation lacked standing to challenge the disciplinary proced
• Mazharul Islam v. Sec'y, Dep't of Homeland Sec.
  997 F.3d 1333· 11th Cir.· 2021-05-20 ·cited 3×
  The court held that issue preclusion did not bar USCIS from applying the terrorism bar, and the statutory definitions were not unconstitutionally vague or overbroad as applied to the plaintiff.
• Dante Martin v. State
  259 So. 3d 733· Fla.· 2018-12-13 ·cited 3×
  Dante Martin was convicted of manslaughter and hazing charges in connection with a ritual death at Florida A&M University's marching band. He challenged the constitutionality of Florida's hazing statute on overbreadth and void-for-vagueness grounds. The Florida Supreme Court uphe
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.