Overbreadth Doctrine

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

• Armstrong v. Cadle Co.
  192 F.R.D. 698· S.D. Fla.· 2007-01-18 ·cited 3×
  The court held that the defendant failed to establish by clear and convincing evidence that the plaintiff committed perjury or other misconduct that prevented the defendant from fully and fairly presenting its case.
• Tory v. Cochran
  544 U.S. 734· U.S.· 2005-05-31 ·cited 3×
  The Court vacated the judgment below, finding the case moot due to the death of a party, but did not dismiss the writ of certiorari.
• Action Outdoor Advertising JV, L.L.C. v. Town of Shalimar
  377 F. Supp. 2d 1178· N.D. Fla.· 2005-03-29 ·cited 3×
  The court held that the plaintiff lacked standing to challenge certain provisions of the sign ordinance due to failure to demonstrate injury-in-fact, but granted standing for commercial speech claims related to billboard bans.
• Enriguez v. State
  858 So. 2d 338· Fla. 2d DCA· 2003-09-17 ·cited 3×
  Antonio Uzcanga Enriguez appeals his conviction for felony dumping under Florida's littering statute, arguing the statute is unconstitutional. The appellate court affirmed, holding that the statute is not facially unconstitutional and that Enriguez failed to preserve his constitu
• Sult v. State
  839 So. 2d 798· Fla. 2d DCA· 2003-02-28 ·cited 3×
  Kimberly Sult was convicted under Florida Statute § 843.085 for wearing an official Pinellas County Sheriff's Office T-shirt to a convenience store. The Second District Court of Appeal upheld the statute against constitutional challenges on grounds of overbreadth, vagueness, and
• Agostino Carchio v. City OF Fort Lauderdale
  755 So. 2d 668· Fla. 4th DCA· 1999-06-23 ·cited 3×
  The court held that the 1998 amendment to the ordinance, which redefined prohibited nudity, rendered the plaintiffs' challenge to the prior ordinance moot and that the amended ordinance did not constitute a total ban on nudity, thus passing constitutional muster.
• Ward v. Cnty. of Orange
  55 F. Supp. 2d 1325· M.D. Fla.· 1999-04-29 ·cited 3×
  The court held that the Orange County Adult Entertainment Code is constitutional on its face, as it is a content-neutral regulation aimed at secondary effects and is not substantially overbroad or unconstitutionally vague.
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  32 F. Supp. 2d 1308· M.D. Fla.· 1998-11-12 ·cited 3×
  The court held that the Pinellas County Ordinance regulating charitable solicitations is constitutional under the Commerce Clause, as it serves legitimate local interests with only incidental burdens on interstate commerce and functions as a valid user fee.
• Janklow v. Planned Parenthood
  517 U.S. 1174· U.S.· 1996-04-29 ·cited 3×
  The Court denied certiorari, finding no need to disavow the dictum in United States v. Salerno regarding facial challenges until a federal court applies it to deny relief improperly.
• Dickerson v. Stuart
  877 F. Supp. 1556· M.D. Fla.· 1995-02-10 ·cited 3×
  The court held that Florida's Midwifery Practice Act is constitutional, not violating free exercise of religion, free speech, or being unconstitutionally vague or overbroad.
• Reilly v. Florida
  847 F. Supp. 951· M.D. Fla.· 1994-03-31 ·cited 3×
  The court denied Petitioner's writ of habeas corpus, finding his claims regarding the constitutionality of Florida statutes, double jeopardy, sufficiency of evidence, right to self-representation, and state sentencing procedures lacked merit or were not reviewable.
• Barber v. State
  592 So. 2d 330· Fla. 2d DCA· 1992-01-03 ·cited 3×
  Margaret Barber, a foster care worker, was convicted of child abuse by culpable negligence and failure to report child abuse after a child in her care was killed by his stepfather. The appellate court reversed the culpable negligence conviction due to insufficient evidence of rec
• Movie & Video World, Inc. v. Bd. of Cnty. Comm'rs
  723 F. Supp. 695· S.D. Fla.· 1989-10-11 ·cited 3×
  The court held that Palm Beach County Ordinance 88-31, requiring the removal of doors from adult video booths, is a constitutional time, place, and manner regulation that does not violate the First Amendment, and that certain disclosure requirements within the ordinance were unco
• United Food & Commercial Workers Int'l Union, AFL-CIO v. IBP, Inc.
  857 F.2d 422· 8th Cir.· 1988-09-08 ·cited 3×
  The plaintiff unions' challenge to Neb.Rev.Stat. § 28-1317(1)(a) does not present a justiciable claim because there is no evidence of actual or threatened enforcement of that specific provision.
• Pac. & S. Co., Inc. v. Duncan
  792 F.2d 1013· 11th Cir.· 1986-06-27 ·cited 3×
  The court affirmed the injunction, holding that its wording was sufficiently clear and not overbroad, and that the district court did not abuse its discretion in its scope.
• White v. Wainwright
  632 F. Supp. 1140· S.D. Fla.· 1986-03-31 ·cited 3×
  The court held that the imposition of the death penalty was not unconstitutional under Enmund v. Florida, as the Petitioner was present, armed, and fully participated in the robbery and murders.
• South Florida Free Beaches v. City of Miami
  548 F. Supp. 53· S.D. Fla.· 1982-09-03 ·cited 3×
  The court held that nude sunbathing is not constitutionally protected expression and that while some ordinances and statutes were constitutional as applied, a portion of Florida Statute 877.03 was unconstitutionally overbroad.
• Miller v. State
  411 So. 2d 299· Fla. 3d DCA· 1982-03-23 ·cited 3×
  The court held that the 'B-Girl' ordinance is constitutionally valid on its face and the circuit court did not err in affirming the convictions.
• Cohen v. Katsaris
  530 F. Supp. 1092· N.D. Fla.· 1982-01-07 ·cited 3×
  The court held that applying a judicial construction of the trespass statute that unforeseeably broadened its scope to criminalize conduct that occurred prior to the construction violates the Due Process Clause of the Fourteenth Amendment.
• Hal S. Weidner v. State
  380 So. 2d 1286· Fla.· 1980-03-06 ·cited 3×
  Hal Weidner was convicted of disturbing a public assembly under Florida Statute § 871.01 after interrupting a town council meeting. The Florida Supreme Court reversed, finding insufficient evidence to support the conviction because the state failed to prove that a reasonable pers
• Art Theater Guild, Inc. v. Ewing
  W.D. Pa.· 1975-04-21 ·cited 3×
• The Socialist Workers Party v. Attorney General John L. Hill and Mayor Louie Welch
  483 F.2d 554· 5th Cir.· 1973-08-06 ·cited 3×
  The court held that a Texas statute requiring candidates to swear belief in and defense of the current representative form of government, and to resist any effort to subvert it, unconstitutionally infringes upon First Amendment rights.
• Henry v. Sheriff of Tuscaloosa Cnty.
  135 F.4th 1271· 11th Cir.· 2025-04-23 ·cited 2×
  Bruce Henry, a man convicted of possessing child pornography who completed his prison sentence and later fathered a son, challenged an Alabama statute that categorically prohibited sex offenders convicted of crimes involving children from residing with or conducting overnight vis
• United States v. Tia Deyon Pugh
  90 F.4th 1318· 11th Cir.· 2024-01-18 ·cited 2×
  The Eleventh Circuit affirmed the conviction, holding that 18 U.S.C. § 231(a)(3) is constitutional on its face and as applied to the defendant's conduct.
• Princess Pedicure Spas, Inc. v. Chisel Nail Art
  2020 WL 6870912· M.D. Fla.· 2023-07-26 ·cited 2×
  The court granted in part and denied in part Plaintiff's motion to compel discovery, and granted Defendants' motion to quash subpoenas and for a protective order.
• 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
• State v. Lockett
  101 So. 3d 1275· Fla. 4th DCA· 2012-12-05 ·cited 2×
  The State appeals a trial court's order suppressing evidence from a vehicle stop based on the officer's violation of a noise statute that was later declared unconstitutional. The Fourth District Court of Appeal reversed, holding that the officer acted in objectively reasonable re
• Naymontie Nashare Enoch v. State
  95 So. 3d 344· Fla. 1st DCA· 2012-07-27 ·cited 2×
  Enoch appeals his convictions under Florida's gang prevention statutes, challenging their constitutionality. The court affirms his conviction under section 874.05(1) (gang recruitment) as constitutional under strict scrutiny, but reverses his conviction under section 874.11 (elec
• Faculty Senate of Fla. Intern. Univ. v. Roberts
  574 F. Supp. 2d 1331· S.D. Fla.· 2008-08-29 ·cited 2×
  The court held that the Travel Act's restrictions on nonstate funds, and nominal state funds for administration, impermissibly sanction designated countries and obstruct federal objectives, but the restrictions on state funds are constitutional.
• Gray v. Kohl
  568 F. Supp. 2d 1378· S.D. Fla.· 2008-06-18 ·cited 2×
  The court held that Florida's School Safety Zone Statute, specifically subsection (2)(b), is unconstitutionally vague because the term 'legitimate business' fails to provide adequate notice of prohibited conduct. However, subsection (2)(c) is not unconstitutionally vague due to a
• Lockridge v. City of Oldsmar
  475 F. Supp. 2d 1240· M.D. Fla.· 2007-02-27 ·cited 2×
  The court held that plaintiff lacks standing to challenge the entire sign ordinance, but has standing to challenge the specific provision under which his applications were denied, and that the case is moot due to the ordinance's repeal without evidence of bad faith.
• Howard v. State
  774 So. 2d 36· Fla. 2d DCA· 2000-10-06 ·cited 2×
  The court held that there was insufficient evidence to sustain convictions for the third and fourth counts of aggravated battery as offenses separate from the first and second counts.
• Celli v. City of St. Augustine
  214 F. Supp. 2d 1255· M.D. Fla.· 2000-01-31 ·cited 2×
  The court held that the City of St. Augustine's ordinance prohibiting the use of public property for selling or displaying goods was unconstitutional on its face and as applied, violating the First Amendment.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  78 F. Supp. 2d 1327· S.D. Fla.· 1999-08-27 ·cited 2×
  The court held that Metropolitan Dade County Ordinance 96-13 is not substantially overbroad and is a constitutional content-neutral time, place, and manner regulation, denying plaintiffs' motion for summary judgment on these grounds.
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• State v. Alecia
  692 So. 2d 263· Fla. 5th DCA· 1997-04-25 ·cited 2×
  The State of Florida appealed a trial court's judgment declaring section 843.08, Florida Statutes, unconstitutional as vague and overbroad. The statute prohibits falsely assuming or pretending to be a law enforcement officer and acting as such. The appellate court reversed, holdi
• Church OF Scientology Flag Serv. v. Williams
  671 So. 2d 840· Fla. 5th DCA· 1996-04-12 ·cited 2×
  The dissenting opinion argues that the petition for certiorari review should be denied because the petitioners failed to timely raise objections to discovery orders and the punitive damages claim in the lower court.
• Carmine Charles Falco v. State
  669 So. 2d 1053· Fla. 4th DCA· 1996-01-03 ·cited 2×
  The court held that the term 'custodial authority' in section 794.041(2) is not unconstitutionally vague because it has a commonly understood definition.
• Williams v. State
  658 So. 2d 665· Fla. 4th DCA· 1995-08-02 ·cited 2×
  A defendant held in contempt for violating a domestic violence injunction may be prosecuted for a substantive offense stemming from the same conduct.
• Naturist Soc'y, Inc. v. Fillyaw
  858 F. Supp. 1559· S.D. Fla.· 1994-07-13 ·cited 2×
  The court held that the challenged park regulations were content-neutral time, place, and manner restrictions, narrowly tailored to serve significant government interests in preserving the park's natural environment and unique recreational experience.
• State v. T.B.D.
  638 So. 2d 165· Fla. 1st DCA· 1994-06-14 ·cited 2×
  Florida's cross-burning statute (§ 876.18) was held facially unconstitutional as overbroad under the First Amendment because it criminalizes a substantial amount of expressive conduct protected by the First Amendment, including symbolic speech expressing political disagreement th
• Gilbreath v. State
  629 So. 2d 962· Fla. 2d DCA· 1993-12-22 ·cited 2×
  The court held that the statute prohibiting obscene or harassing telephone calls is constitutional as amended.
• United States v. Aguilar
  994 F.2d 609· 9th Cir.· 1993-09-02 ·cited 2×
  The court held that the evidence was sufficient to prove knowledge for wiretap disclosure and that the jury instruction on knowledge was proper, rejecting the First Amendment challenge.
• State v. Cuda
  622 So. 2d 502· Fla. 5th DCA· 1993-07-16 ·cited 2×
  Florida's exploitation statute criminalizing improper or illegal use of aged persons' funds was challenged as unconstitutionally vague. The court held that the word "improper" is unconstitutionally vague but "illegal" provides sufficient notice of prohibited conduct. The court se
• Renetha C. Wyche v. State
  619 So. 2d 231· Fla.· 1993-03-25 ·cited 2×
  The Florida Supreme Court held that Tampa's loitering ordinance targeting persons suspected of prostitution is unconstitutional on its face because it is overbroad, vague, violates substantive due process, and imposes penalties exceeding those in comparable state statutes. The Co
• Turner v. Chicago Hous. Auth.
  969 F.2d 461· 7th Cir.· 1992-07-29 ·cited 2×
• Shackelford v. Shirley
  948 F.2d 935· 5th Cir.· 1991-12-13 ·cited 2×
  A state statute criminalizing telephone harassment, which requires intent to terrify, intimidate, or harass and a threat of injury, is constitutional on its face and as applied, as it targets true threats rather than protected political speech.
• Nat'l Advertising Co. v. City OF Raleigh
  947 F.2d 1158· 4th Cir.· 1991-10-25 ·cited 2×
  A cause of action for a regulatory taking accrues upon the ordinance's enactment, not upon the expiration of an amortization period, and the First Amendment claims are without merit.
• Wilder v. Blanche Bernstein
  944 F.2d 1028· 2d Cir.· 1991-09-24 ·cited 2×
  The court held that intervenors who significantly contributed to a settlement vindicating civil rights are considered 'prevailing parties' entitled to attorneys' fees under 42 U.S.C. § 1988, even if they did not assert their own direct civil rights claims.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i