Overbreadth Doctrine

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

• Garcia v. Stillman
  S.D. Fla.· 2023-02-28
  The court held that plaintiffs René Garcia and Javier Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions.
• Taser Int'l, Inc. v. Phazzer Elecs., Inc.
  M.D. Fla.· 2023-02-07
  The court held that a third-party law firm must produce non-privileged documents responsive to a subpoena, subject to limitations on scope and relevance, and must provide a privilege log for any withheld documents.
• Meinecke v. State
  Fla. 2d DCA· 2022-11-30
  The appellate court affirmed a defendant's convictions for trespass in a school safety zone and disruption of a school function. The court rejected the defendant's arguments that the statutes were unconstitutionally vague or overbroad, finding they were narrowly tailored to prote
• San Juan Prods., Inc. v. River Pools & Spas, Inc.
  M.D. Fla.· 2022-07-28
  The court granted in part and denied in part the defendants' motion to quash the subpoena, limiting the scope of discovery and requiring production of specific relevant documents.
• Dash v. United States
  S.D. Fla.· 2022-06-27
  The court held that certain requested documents were discoverable, balancing the need for relevant information against privacy concerns and overbreadth objections, while limiting the scope of some requests.
• Speech First, Inc. v. Cartwright
  11th Cir.· 2022-04-21
  The University of Central Florida's discriminatory-harassment policy violated the First Amendment as an overbroad and content- and viewpoint-based restriction on speech, the Eleventh Circuit held, and Speech First, Inc. had Article III standing to challenge both that policy and t
• Allied Prop. Grp., Inc. v. Micor LLC
  Fla. 3d DCA· 2022-02-09
  Phone logs containing only phone numbers, time, and length of calls, without personally identifiable information connecting numbers to third parties, do not violate constitutional privacy rights and are not subject to certiorari relief on grounds of overbreadth, irrelevance, or p
• D'Elia v. Indian River Cnty. Sch. Bd.
  S.D. Fla.· 2022-02-02
  The court granted in part and denied in part the motion to compel discovery, ordering the production of certain student records with redactions and denying the request for attorney's fees.
• United States v. Sharfi
  S.D. Fla.· 2022-02-01
  The court held that photographs and videos withheld as work product were not discoverable because the plaintiff failed to demonstrate substantial need and undue hardship in obtaining their substantial equivalent by other means.
• Se. Enter. Holdings, LLC v. Marquel, Inc.
  Fla. 3d DCA· 2022-01-12
  Southeast Enterprise Holdings, LLC petitioned for a writ of certiorari to challenge a circuit court order overruling its objections to a third-party subpoena issued by Marquel, Inc. Southeast contended the requested documents were overbroad and irrelevant. The court dismissed the
• Prive v. United States
  M.D. Fla.· 2021-12-09
  The court held that the petitioner's claims of ineffective assistance of counsel and constitutional challenges to the statute were without merit or procedurally barred.
• Davis v. Little Giant Ladder Sys., LLC
  M.D. Fla.· 2021-09-30
  Plaintiffs Craig and Yvonne Davis sued Little Giant Ladder Systems, LLC (formerly Wing Enterprises, Inc.) for injuries from a defective Velocity Model 22 ladder that failed when Craig Davis used it to hang Christmas lights in December 2018, seeking damages under theories of negli
• McGennis v. Sedgwick Claims Mgmt. Servs., Inc.
  S.D. Fla.· 2021-09-14
  The court held that while a plaintiff is entitled to discover a defendant's financial condition for punitive damages claims, the requests must be proportional and not overbroad.
• Davalos v. The Princeton Excess & Surplus Lines Ins. Co.
  M.D. Fla.· 2021-06-07
  The court held that the defendant waived objections to discovery requests by responding with 'subject to and without waiving' and failed to properly assert privilege claims. The court granted the motion to compel.
• LeVeille v. Upchurch
  M.D. Fla.· 2021-04-19
  The court granted in part Plaintiff's motion for reconsideration, allowing review of discovery requests on the merits, but denied Plaintiff's second motion to compel as untimely.
• In re Brinker Data Incident Litigation
  M.D. Fla.· 2021-04-14
  A data breach class action against Brinker International, operator of Chili's restaurants, was brought by three named plaintiffs whose payment card information was stolen from the company's back office systems and subsequently sold on the dark web. The court certified a nationwid
• O.H. v. State
  Fla. 4th DCA· 2021-04-14
  A written disposition order must be corrected when it conflicts with the trial court's oral pronouncement at the disposition hearing.
• Stoune v. United States
  M.D. Fla.· 2021-02-22
  Jon Christopher Stoune was convicted of attempted enticement of a minor, advertising child pornography, and attempted production of child pornography after engaging in sexually explicit communications with an undercover police officer posing as a 14-year-old girl. The district co
• v. C.A. No. 1904007242 Elgin Wilson
  Del. Super. Ct.· 2021-01-29
  The Court denied the defendant's motions to suppress evidence obtained from two search warrants for his cell phone. The Court held that the warrants were supported by probable cause, sufficiently particular, and not unconstitutionally overbroad. The warrants adequately described
• Brown v. State
  Fla. 3d DCA· 2021-01-20
  This case consolidates petitions for second-tier certiorari review concerning the constitutionality of Florida Statute section 836.12(2), which criminalizes threatening a law enforcement officer. The appellate court held that the statute, when construed to apply only to "true thr
• Romero v. State
  Fla. 3d DCA· 2021-01-20
  This case reviews consolidated petitions challenging convictions for threatening a law enforcement officer under Florida Statute section 836.12(2). The appellate court held that the statute, when construed to apply only to "true threats" (statements communicating a serious intent
• Gugula v. State
  Fla. 3d DCA· 2021-01-20
  This case reviews whether a Florida statute criminalizing threats against law enforcement officers is unconstitutionally overbroad under the First Amendment. The court held that the statute, when construed to apply only to "true threats" (serious expressions of intent to commit u
• London v. State
  Fla. 3d DCA· 2021-01-20
  This case reviews whether a Florida statute criminalizing threats against law enforcement officers is unconstitutionally overbroad under the First Amendment. The court held that the statute, when narrowly construed to apply only to "true threats" (serious expressions of intent to
• Fla. Beach Advertising, LLC v. City of Treasure Island
  M.D. Fla.· 2021-01-06
  A digital advertising business owner challenged a city ordinance prohibiting signs on waterways, arguing it violated the First Amendment by granting city officials unbridled discretion to grant exemptions without objective criteria. The court ruled that the ordinance was an uncon
• Iatai Enters., Inc. v. Laylie Loyacono
  Fla. 3d DCA· 2020-11-25
  IATAI Enterprises, a non-party to underlying litigation, sought certiorari review of a trial court discovery order requiring production of documents and filing of a privilege log. The court granted the petition, holding that non-parties cannot be required to file a privilege log
• Watkins v. Sergeant M. Bigwood
  S.D. Fla.· 2020-11-17
  The court held that a party waives the psychotherapist-patient privilege by placing their mental condition at issue in litigation, and that medical records related to an involuntary commitment are discoverable when relevant to the claims and defenses, subject to limitations on sc
• Vigue v. Shoar
  M.D. Fla.· 2020-10-12
  Peter Vigue, a homeless person, challenged the constitutionality of two Florida statutes that prohibited charitable solicitation on public roadways without a permit, alleging violations of his First Amendment right to free speech. The court ruled that Florida Statutes § 316.2045
• B& G Opa Holdings, Inc. v. Daughtrey
  S.D. Fla.· 2020-09-11
  B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
• Sweeney v. Carnival Corp.
  S.D. Fla.· 2020-08-13
  The court held that the plaintiff is entitled to discovery regarding prior incidents of injury or death on ATV excursions offered by the cruise line, as the allegations suggest a duty to warn of inherent risks applicable across various locations.
• Latonya Holton v. Holton
  Fla. 1st DCA· 2020-06-25
  An injunction for protection against domestic violence based on alleged cyber-stalking through social media posts must be supported by sufficient factual findings and cannot be broader than necessary to provide relief.
• Lavender v. Caroll
  M.D. Fla.· 2020-04-27
  The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
• Kleiman v. Wright
  S.D. Fla.· 2020-04-13
  The district court affirmed the magistrate judge's discovery order, finding no clear error or contrary-to-law basis to overturn the rulings on interrogatory objections and third-party privilege claims.
• McArdle v. City of Ocala
  M.D. Fla.· 2020-03-31
  The court held that the City is entitled to limited discovery regarding plaintiffs' mental and physical health during depositions, but not broad discovery of medical records.
• Avatar Prop. & Cas. Ins. Co. v. Jones
  291 So. 3d 663· Fla. 2d DCA· 2020-03-13
  The appellate court granted certiorari review to determine if the trial court erred in compelling the production of photographs claimed as work product. The court held that the trial court improperly ordered production before the insurer had a reasonable opportunity to file a pri
• Johnson
  Del. Super. Ct.· 2019-12-18
  The court denied in part and granted in part the first motion to suppress, finding that while Warrant C had deficiencies, the subsequent Independent Warrant cured some of those issues. The second motion to suppress was denied as moot because the issues raised were addressed by th
• O.p.-G. v. State
  Fla. 3d DCA· 2019-10-16
  The appellate court affirmed a juvenile's delinquency finding for disrupting a school function. The court held that the statute prohibiting disruption of school functions applies to off-campus conduct that creates a foreseeable risk of substantial disruption to school activities,
• Jefferson Eugene Davis v. Gilchrist Cnty. Sheriff's Off.
  Fla. 1st DCA· 2019-09-25
  The RPO statute does not require proof of serious or recurring mental illness; instead, a court may issue an RPO based on threatening and erratic behavior demonstrating mental or emotional instability. The trial court's findings of fact were supported by clear and convincing evid
• Quinton Dewayne Alford v. State
  Fla. 2d DCA· 2019-07-24
  Probation conditions restricting internet and social media access are not unconstitutional under the First Amendment where they are imposed as part of a sentence subject to judicial supervision, distinguishable from Packingham's lifetime statutory restriction on post-sentence con
• State v. Carrier
  Fla. 2d DCA· 2018-03-09
  Section 585.145(3) is not unconstitutionally vague on its face and does not violate substantive due process. The statute requires a knowing alteration of a certificate that results in a false or deceptive document, and when construed in context with the words 'forges,' 'counterfe
• Navarro v. Univ. of Cent. Fla.
  9th Cir. Ct. App. Div.· 2016-02-04
  Michael Navarro challenged his suspension from University of Central Florida for stalking his ex-girlfriend after their breakup. The Ninth Judicial Circuit Court rejected his claims that he was denied due process due to an ex parte communication and that UCF's stalking definition
• Utilisave, LLC v. Miele
  Del. Ch.· 2015-09-17
  The court denied the defendant's motion to dismiss the plaintiff's claim for specific performance of a confidentiality provision in an LLC operating agreement, finding it reasonably conceivable that the provision survived the termination of the defendant's membership interest and
• Burroughs v. Corey
  2015 U.S. Dist. LEXIS 19269· M.D. Fla.· 2015-02-18
  The court held that Florida's stalking statute, Fla. Stat. § 784.048, is not facially unconstitutional due to overbreadth. The statute primarily regulates conduct, and the plaintiff failed to demonstrate a substantial number of unconstitutional applications of protected speech.
• Sun Cap. P'rs, Inc. v. Twin City Fire Ins.
  26 F. Supp. 280· S.D. Fla.· 2014-12-03
  The court held that most of the requested documents were relevant and discoverable, denying the motion to quash in large part, but granted the motion as to one vague and overbroad paragraph.
• Aidone v. Nationwide Auto Guard, LLC
  844 F. Supp. 2d 271· S.D. Fla.· 2013-11-26
  The court granted in part plaintiffs' motions to compel discovery, ordering the defendant to produce certain personnel files, scripts, and information related to affirmative defenses, subject to a confidentiality order and privilege log requirements.
• Sweeney
  Del.· 2012-10-23
  The Court affirmed that the statute prohibiting government employees from engaging in political activity at work does not violate the First Amendment. However, the Court reversed and remanded the case to consider what constitutes 'political activity' under the statute and whether
• JPMorgan Chase & Co. v. Am. Century Cos., Inc.
  Del. Ch.· 2012-04-26
  The Court granted in part and denied in part American Century's motion to compel discovery. It held that J.P. Morgan waived its attorney-client privilege regarding litigation reserve numbers for the arbitration claims, ordering their production. However, the Court found that J.P.
• Flava Works, Inc. v. City of Miami
  800 F. Supp. 2d 1182· S.D. Fla.· 2011-07-29
  The court held that the City of Miami's zoning ordinance prohibiting business operations in residential zones was not unconstitutional, overbroad, or a violation of the Dormant Commerce Clause, and granted summary judgment for the defendants.
• Allied Veterans of the World, Inc. v. Seminole Cnty.
  783 F. Supp. 2d 1197· M.D. Fla.· 2011-05-06
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their constitutional challenges to the ordinance banning simulated gambling devices, and thus their motions for preliminary injunction must be denied.
• Petersen v. Florida Bar
  720 F. Supp. 2d 1351· M.D. Fla.· 2010-06-28
  The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas
• Citizens for Police Accountability v. Browning
  581 F. Supp. 2d 1164· M.D. Fla.· 2008-08-22
  The court held that the Florida statute's 100-foot no-solicitation zone is not narrowly drawn as applied to plaintiffs' exit petitioning activities, and thus likely violates the First Amendment.