Overbreadth Doctrine

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

• Harris v. Evans
  920 F.2d 864· 11th Cir.· 1991-01-10 ·cited 2×
  The court held that an inmate has standing to challenge a Department of Corrections policy prohibiting employees from making parole recommendations directly to the parole board, and that the policy likely violates the First Amendment.
• Wal-Juice BAR, Inc. v. Maher
  899 F.2d 1502· 6th Cir.· 1990-04-05 ·cited 2×
  A federal court must have a substantial federal question to exercise pendent jurisdiction over state law claims; otherwise, the complaint should be dismissed for lack of jurisdiction.
• United States v. Mendelsohn
  896 F.2d 1183· 9th Cir.· 1990-02-20 ·cited 2×
  The court held that the computer program SOAP, used to aid illegal bookmaking, is not protected speech under the First Amendment and constitutes 'wagering paraphernalia' under 18 U.S.C. § 1953. The court also affirmed the district court's rulings on overbreadth, the newspaper exc
• Fabulous Assocs., Inc. v. Pa. Pub. Util. Comm'n
  896 F.2d 780· 3d Cir.· 1990-02-16 ·cited 2×
  The court held that the Pennsylvania statute requiring access codes for sexually explicit telephone messages impermissibly burdened adult First Amendment rights and was not the least restrictive means to protect minors.
• Burch v. Barker
  861 F.2d 1149· 9th Cir.· 1988-11-18 ·cited 2×
  A school policy requiring prior review and potential censorship of all student-written, non-school-sponsored materials distributed on school grounds violates the First Amendment.
• News-Press Publ'g Co., Inc. v. Firestone
  527 So. 2d 223· Fla. 2d DCA· 1988-05-06 ·cited 2×
  The News-Press challenged Florida's prohibition on nonvoters coming within fifty feet of polling places, arguing it violated First Amendment rights. The court held the statute unconstitutional on its face as overbroad, finding it prohibited protected speech and presence in tradit
• Lanier v. City OF Newton
  842 F.2d 253· 11th Cir.· 1988-04-11 ·cited 2×
  The Eleventh Circuit held that while a city's ordinance banning topless dancing in establishments selling alcohol was a valid exercise of twenty-first amendment authority, a provision banning 'cleavage' was unconstitutionally vague and unreasonable under state law.
• Miller v. State
  520 So. 2d 80· Fla. 1st DCA· 1988-02-10 ·cited 2×
  Florida appellate court affirmed a probation condition requiring appellant to comply with cohabitation laws, construing the condition as requiring lawful conduct rather than mandating marriage or separation.
• Bystrom v. Fridley High Sch.
  822 F.2d 747· 8th Cir.· 1987-06-25 ·cited 2×
  The court held that the guidelines' requirement for prior review and approval of all unofficial written material violates the First Amendment.
• Forest Hills Early Learning Ctr., Inc. v. Lukhard
  789 F.2d 295· 4th Cir.· 1986-05-05 ·cited 2×
  The court held that the district court erred in its interpretation of the prior appellate decision and in its denial of intervention and class certification to sectarian child care centers.
• Jorgenson v. Cnty. of Volusia
  625 F. Supp. 1543· M.D. Fla.· 1986-01-17 ·cited 2×
  The court denied the plaintiffs' request for a temporary restraining order, finding the Volusia County ordinance prohibiting topless dancing in establishments serving alcohol to be constitutional under the Twenty-first Amendment.
• Wash. Mercantile Ass'n v. Williams
  733 F.2d 687· 9th Cir.· 1984-05-17 ·cited 2×
  The court held that Washington's ban on advertisements for drug paraphernalia, as construed to apply only to commercial speech promoting illegal transactions, does not violate the First Amendment.
• Dallas Ass'n OF Cmty. Orgs. FOR Reform NOW v. Dallas Cnty. Hosp. Dist.
  656 F.2d 1175· 5th Cir.· 1981-09-25 ·cited 2×
  The court held that the congested conditions at Parkland Hospital justify time, place, and manner restrictions on First Amendment activity in non-patient care areas, affirming the denial of injunctive relief.
• United States v. DeFalco
  509 F. Supp. 127· S.D. Fla.· 1981-02-19 ·cited 2×
  The court held that the search warrants were overbroad in their description of records related to the conspiracy, failing the Fourth Amendment's particularity requirement. Therefore, records seized under that portion of the warrants must be suppressed.
• Chulchian v. City OF Indianapolis
  633 F.2d 27· 7th Cir.· 1980-10-06 ·cited 2×
  The court held that the City of Indianapolis's general business licensing ordinance, as construed to prohibit knowingly permitting illegal conduct on the premises, is constitutional under the First Amendment and not unconstitutionally vague. The court also found the administrativ
• The Blatnik Co. v. Ketola
  587 F.2d 379· 8th Cir.· 1978-11-13 ·cited 2×
  The court held that a city ordinance prohibiting sexually explicit entertainment in liquor establishments does not violate the First or Fourteenth Amendments, as it is a rational exercise of the state's Twenty-first Amendment powers.
• Gable v. Massey
  566 F.2d 459· 5th Cir.· 1978-01-16 ·cited 2×
  The court held that the challenged clause of Florida Statute § 800.04 is not unconstitutionally vague and that the 118-day delay in sentencing did not violate the petitioner's speedy trial rights.
• United States v. Glenn
  562 F.2d 324· 4th Cir.· 1977-09-27 ·cited 2×
  The court held that the regulation prohibiting indecent acts was constitutional as applied to the appellant's conduct, and thus his conviction stands.
• United States v. Dreding
  547 F.2d 471· 9th Cir.· 1976-12-01 ·cited 2×
  Conviction under 18 U.S.C. § 1992 for disabling a train does not require proof of specific intent to wreck the train, only willful conduct that disables it.
• Thompson v. Gaffney
  540 F.2d 251· 6th Cir.· 1976-08-13 ·cited 2×
  The court held that a narrowing construction of an "almost identical" ordinance in a prior state case could cure the unconstitutional overbreadth of the ordinance under which the petitioner was convicted, and that the absence of a trial transcript precluded a finding that the jur
• Gorchov v. State
  331 So. 2d 346· Fla. 3d DCA· 1976-05-04 ·cited 2×
  Michael Gorchov appeals his involuntary hospitalization under Florida law, challenging the constitutionality of the statute and the admission of psychiatric evidence obtained without Miranda warnings. The court upholds the hospitalization, finding the statute sufficiently clear a
• Tatzel v. Hon. Morton J. Hanlon
  530 F.2d 1205· 5th Cir.· 1976-04-30 ·cited 2×
  The court held that the district court erred in granting a stay of state proceedings and dismissing the habeas corpus petition because the petitioner failed to exhaust state remedies or demonstrate futility.
• United Theaters OF Fla., Inc. v. The State of Fla. ex rel. Richard E. Gerstein
  323 So. 2d 309· Fla. 3d DCA· 1975-12-09 ·cited 2×
  The court affirmed obscenity injunctions against theaters but struck down provisions that broadly prohibited exhibition of films without reference to specific films, requiring injunctions to be narrowly tailored to particular works.
• Arbeitman v. Dist. Court OF Vt.
  522 F.2d 1031· 2d Cir.· 1975-09-16 ·cited 2×
  The court held that the statute prohibiting obstruction of traffic is not unconstitutionally vague or overbroad as applied to the petitioner and on its face.
• Marks v. Leis
  W.D. Pa.· 1975-04-28 ·cited 2×
• Hutchin v. State
  290 So. 2d 35· Fla.· 1974-02-13 ·cited 2×
  Appellant Hutchin was charged under Florida's riot statute for allegedly inciting a riot by shouting an obscenity and refusing to enter a police car. The Florida Supreme Court reversed, holding that the information failed to allege sufficient facts to support a riot charge, as me
• Peter Cummings, M.D. v. Hampton
  485 F.2d 1153· 9th Cir.· 1973-09-27 ·cited 2×
  The dissenting judge believes the government has a legitimate purpose to inquire about Communist Party membership for certain positions, distinguishing it from broader associational inquiries.
• The City OF Daytona Beach v. Icelene Brown
  273 So. 2d 124· Fla. 1st DCA· 1973-02-08 ·cited 2×
  The City of Daytona Beach appealed the Circuit Court's reversal of disorderly conduct and unlawful assembly convictions, arguing the ordinances were constitutional. The appellate court reversed, holding that the ordinances were not unconstitutionally vague or overbroad on their f
• Tornillo v. Miami Herald Publ'g Co.
  38 Fla. Supp. 80· Dade Cty. Cir. Ct.· 1972-10-20 ·cited 2×
  The court held that Florida Statute §104.38 is unconstitutional on its face as it violates the First Amendment by impermissibly infringing upon freedom of the press and is also void for vagueness.
• City OF Miami v. Wolfenberger
  265 So. 2d 732· Fla. 3d DCA· 1972-08-29 ·cited 2×
  The court held that the statute prohibiting the display of an American flag with superimposed symbols was unconstitutionally overbroad as applied to the defendant's expression of political views, and thus the appellate court's reversal of the conviction was not an error of law.
• Hopson v. Asch
  457 F.2d 79· 3d Cir.· 1972-03-14 ·cited 2×
  Federal courts should not enjoin or grant declaratory relief for pending state court proceedings unless exceptional circumstances are present.
• Musick v. Jonsson
  449 F.2d 201· 5th Cir.· 1971-09-27 ·cited 2×
  The court held that the plaintiffs failed to demonstrate the irreparable injury required for federal injunctive relief against the ordinance.
• United States ex rel. Albert A. Raby v. Woods
  440 F.2d 478· 7th Cir.· 1971-03-05 ·cited 2×
  The court held that Raby's conduct constituted resisting arrest under Illinois law, and his conviction did not violate double jeopardy principles despite a prior municipal conviction for obstructing traffic.
• Mosley v. Police Dep't OF the City OF Chicago
  432 F.2d 1256· 7th Cir.· 1970-10-29 ·cited 2×
  The court held that the Chicago ordinance prohibiting picketing within 150 feet of a school during school hours was unconstitutionally overbroad on its face.
• Sterbenz v. City of Miami
  28 Fla. Supp. 4· Dade Cty. Cir. Ct.· 1966-12-13 ·cited 2×
  Sterbenz, a Miami city employee, sought a declaratory judgment that provisions of Miami's charter and civil service rules prohibiting public employees from engaging in political activities violated the First Amendment. The court granted summary judgment for Sterbenz, holding that
• United States v. Ostrander
  114 F.4th 1348· 11th Cir.· 2024-09-05 ·cited 1×
  Matthew Ostrander, arrested in Florida for failure to register as a sex offender, was convicted of knowingly possessing 480 computer-generated images of children in sexually explicit conduct in violation of 18 U.S.C. § 1466A(b)(1). The Eleventh Circuit affirmed his conviction, re
• B.W.B. v. State
  374 So. 3d 40· Fla. 4th DCA· 2023-11-15 ·cited 1×
  Section 836.10's prohibition on written threats is constitutionally narrowly tailored to unprotected speech, and the evidence—including the threatening image, the caption, the juvenile's notebook containing school shooting manifestos and white supremacist materials, and his relat
• Figueroa-Santiago v. State
  116 So. 3d 585· Fla. 2d DCA· 2013-06-26 ·cited 1×
  Figueroa-Santiago challenged the facial constitutionality of a Florida statute criminalizing the use of electronic communications to further gang interests. The court found only the statute's 'advertising presence' prong unconstitutionally overbroad, but upheld the 'intimidation
• City OF W. Palm Beach v. Terance Emmanuel Chatman
  112 So. 3d 723· Fla. 4th DCA· 2013-05-08 ·cited 1×
  The Fourth District Court of Appeal affirmed a trial court's finding that West Palm Beach's ordinance criminalizing loitering with intent to commit prostitution is facially unconstitutional. The court held the ordinance unconstitutionally overbroad and vague because it allows pol
• Nat'l Org. for Marriage v. Roberts
  753 F. Supp. 2d 1217· N.D. Fla.· 2010-11-08 ·cited 1×
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on its constitutional challenges to Florida's electioneering communications statutes, and therefore denied the motion for a preliminary injunction.
• Flava Works, Inc. v. City of Miami
  595 F. Supp. 2d 1341· S.D. Fla.· 2009-01-27 ·cited 1×
  The court held that the City of Miami's zoning ordinance, which is designed to regulate establishments offering adult entertainment at a physical location, cannot be applied to a residence where the public offering of such entertainment occurs solely in cyberspace.
• State v. Montas
  993 So. 2d 1127· Fla. 5th DCA· 2008-10-31 ·cited 1×
  The State appeals a trial court's declaration that Florida Statute 250.43(2), which prohibits unauthorized wearing of military uniforms, is unconstitutionally overbroad and violates due process. The court affirmed, holding that the statute criminalizes both innocent, protected co
• US Fid. & Guar. v. Liberty Surplus Ins.
  485 F. Supp. 2d 1326· M.D. Fla.· 2007-05-02 ·cited 1×
  US Fidelity & Guaranty, as surety for a general contractor, sued two insurers to recover settlement payments made on construction claims. The excess carrier Liberty Surplus then sued other insurers for contribution and subrogation. The court denied One Beacon's motion to dismiss
• Granite State Outdoor Advertising, Inc. v. City of St. Pete Beach
  322 F. Supp. 2d 1335· M.D. Fla.· 2004-01-13 ·cited 1×
  The court held that the plaintiff's facial challenge to the prior sign ordinance was moot due to the enactment of an amended ordinance, and that takings claims were not ripe. The court also found that the plaintiff was not entitled to damages or attorneys' fees.
• Alexis, Inc. v. Pinellas Cnty.
  194 F. Supp. 2d 1336· M.D. Fla.· 2002-03-29 ·cited 1×
  The court held that corporate plaintiffs have standing to sue under § 1983, Florida Statute § 847.09 does not preempt county ordinances regulating adult uses, and warrantless arrests of dancers for ordinance violations do not constitute an unconstitutional prior restraint or hara
• Baron v. City of Hollywood
  93 F. Supp. 2d 1337· S.D. Fla.· 2000-04-04 ·cited 1×
  A city's policy requiring suspicionless drug testing for all job applicants is unconstitutional under the Fourth and Fourteenth Amendments because the city failed to articulate a "special need" sufficient to outweigh applicants' privacy interests.
• Gatena v. Cnty. of Orange
  80 F. Supp. 2d 1331· M.D. Fla.· 1999-11-05 ·cited 1×
  The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
• United States v. Abbell
  963 F. Supp. 1178· S.D. Fla.· 1997-04-03 ·cited 1×
  The court denied motions to suppress evidence, finding that the warrants were based on probable cause and the seizures, though broad, were not unreasonable.
• Smith v. Avino
  866 F. Supp. 1399· S.D. Fla.· 1994-10-20 ·cited 1×
  The court held that the county manager had final policy-making authority, making the county potentially liable under § 1983, and that the curfew was not unconstitutionally overbroad or vague.
• Daniel v. City of Tampa
  843 F. Supp. 1445· M.D. Fla.· 1993-12-17 ·cited 1×
  The court held that the Housing Authority property is a non-public forum, and the enforcement of the trespass statute was a reasonable time, place, and manner restriction, not substantially overbroad or void for vagueness.