Overbreadth Doctrine

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

• Flava Works, Inc. v. City of Miami
  559 F. Supp. 2d 1318· S.D. Fla.· 2008-06-02
  The court held that most of the plaintiff's claims challenging the City's adult entertainment ordinance survived the motion to dismiss, but the takings claim was dismissed without prejudice.
• Jones v. Jeld-Wen, Inc.
  213 F.R.D. 166· S.D. Fla.· 2008-05-09
  The court granted in part and denied in part the motion for supervision, finding one communication potentially abusive while another was not.
• Northbridge Apartment Homes v. Orlando Human Relations Bd.
  9th Cir. Ct. App. Div.· 2008-03-04
  In this certiorari review, the court quashed the Orlando Human Relations Board's denial of a protective order sought by Concord, an apartment complex, to prevent disclosure of lease files and applicant information in housing discrimination complaints. The court found that the OHR
• State v. Wells
  965 So. 2d 834· Fla. 4th DCA· 2007-09-12
  Florida appealed a trial court's order granting a defendant's motion to dismiss a racing on highway charge under Florida Statute § 316.191 on constitutional grounds. The appellate court affirmed the dismissal on vagueness grounds but reversed the trial court's overbreadth finding
• Maverick Media Grp. v. Hillsborough Cnty.
  508 F. Supp. 2d 1126· M.D. Fla.· 2007-05-16
  The court adopted the Magistrate Judge's report and recommendation, denying plaintiffs' motion for partial summary judgment and granting defendant's motion for summary judgment.
• Menegat v. City OF Apopka
  954 So. 2d 681· Fla. 5th DCA· 2007-04-13
  Two firefighters challenged the constitutionality of Florida's statute prohibiting solicitation of public employees during working hours. The trial court rejected their facial constitutional challenges on multiple grounds, and the appellate court affirmed, holding that the statut
• State v. Damien Tavelle Bryant
  953 So. 2d 585· Fla. 1st DCA· 2007-03-07
  Florida appeals a trial court's dismissal of a drug paraphernalia charge, arguing that the statute criminalizing use of drug paraphernalia to transport controlled substances is not unconstitutionally overbroad or vague. The appellate court reverses, holding that the term 'transpo
• Thampi v. Collier Cnty. Bd. of Comm'rs
  510 F. Supp. 2d 838· M.D. Fla.· 2007-03-05
  The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
• Get Outdoors II, LLC v. City of El Cajon
  475 F. Supp. 2d 1256· S.D. Fla.· 2007-02-12
  The court held that the plaintiff has standing to challenge the sign ordinance because the urgency ordinance expired, reviving the original ordinance, and the defendant failed to demonstrate that the plaintiff lacked standing due to unbridled discretion in the permitting process.
• Collazo v. McDONOUGH
  943 So. 2d 816· Fla. 1st DCA· 2006-10-18
  An inmate appealed a circuit court's denial of his petition for writ of mandamus challenging a DOC disciplinary action. The appellate court affirmed the denial of the mandamus petition on the merits but reversed the circuit court's imposition of a lien on the inmate's prison trus
• Nicol v. State
  939 So. 2d 231· Fla. 5th DCA· 2006-10-13
  Martin Nicol appeals his conviction for conspiracy to commit robbery with a firearm. The Fifth District Court of Appeal affirms, finding that the initial investigatory stop was supported by reasonable suspicion and that subsequent observations provided probable cause for arrest.
• Fla. Ass'n of Prof'l Lobbyists, Inc. v. Div. of Legis. Info. Servs. of the Fla. Off. of Legis. Servs.
  431 F. Supp. 2d 1228· N.D. Fla.· 2006-05-12
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, thus denying their motion for a preliminary injunction and summary judgment.
• Broad. Team, Inc. v. Fed. Trade Comm'n
  429 F. Supp. 2d 1292· M.D. Fla.· 2006-04-14
  The court held that the FTC's interpretation of the Telemarketing Sales Rule's abandoned calls provision, as applied to for-profit telefunders using prerecorded messages for charitable solicitations, is not an unconstitutional restriction on speech and does not exceed the FTC's s
• Lockridge v. City of Oldsmar
  397 F. Supp. 2d 1347· M.D. Fla.· 2005-09-27
  The court held that while the claim for injunctive relief was moot due to the ordinance's repeal, the claim for monetary damages was not moot and the ordinance's content-based restrictions violated the First Amendment.
• Lane v. Cap. Acquisitions
  184 F. Supp. 129· S.D. Fla.· 2005-08-12
  The court held that financial records are discoverable for punitive damages claims but not for FLSA claims against individual defendants. Discovery requests were limited in scope and time period.
• United States v. Maali
  346 F. Supp. 2d 1226· M.D. Fla.· 2004-08-08
  The court held that the defendants' motions to suppress evidence shall be granted in part and denied in part, meaning some, but not all, of the seized evidence will be suppressed.
• United States v. Al-Arian
  329 F. Supp. 2d 1294· M.D. Fla.· 2004-08-04
  The court held that requiring a specific intent to further the illegal activities of a foreign terrorist organization is necessary to avoid constitutional concerns regarding personal guilt, vagueness, and freedom of association under 18 U.S.C. § 2339B(a)(1).
• United States v. Al-Arian
  308 F. Supp. 2d 1322· M.D. Fla.· 2004-03-12
  The court held that the interpretation of AEDPA and IEEPA requires careful consideration of mens rea and potential constitutional issues, particularly regarding First Amendment rights and vagueness challenges.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2004-03-09
  The court denied the defendants' motion to dismiss the charges. The court found that the Adult Entertainment Establishments Act was not unconstitutionally vague or overbroad, that the prosecution did not violate the Equal Protection Clause, and that the charges were consistent wi
• Koziara v. City of Casselberry
  347 F. Supp. 2d 1223· M.D. Fla.· 2003-12-03
  The court held that the plaintiff lacked standing to challenge the city's adult entertainment code provisions, as her claims did not meet the requirements for overbreadth, prior restraint, or third-party standing, and thus the court lacked subject-matter jurisdiction.
• Sun-Sentinel Co. v. City of Hollywood
  274 F. Supp. 2d 1323· S.D. Fla.· 2003-07-25
  The court held that the Florida pedestrian regulation statute is content-neutral, narrowly tailored, and leaves open ample alternative avenues for communication, thus denying the motion for a preliminary injunction.
• Beeline Ent. P'rs, Ltd. v. Cnty. of Orange
  243 F. Supp. 2d 1333· M.D. Fla.· 2003-01-13
  The court held that the plaintiff's claims were not ripe for adjudication because they involved as-applied challenges to an ordinance and the plaintiff had not exhausted administrative remedies.
• Glendell Russ v. State
  832 So. 2d 901· Fla. 1st DCA· 2002-12-19
  Glendell Russ, a former city commissioner, was convicted of election code violations involving absentee ballots in a 1999 Quincy city commission race. The appellate court reversed his convictions and remanded for a new trial because the trial court reversibly erred by overruling
• State v. T.M.
  832 So. 2d 118· Fla. 2d DCA· 2002-08-16
  The court affirmed the conviction of two juveniles for arson of a structure, holding that the evidence was sufficient to support the finding of guilt and negate their hypothesis of accidental burning.
• Medina v. State
  820 So. 2d 943· Fla.· 2002-05-30
  Florida Supreme Court vacated and remanded the Second District's decision regarding application of the Prison Releasee Reoffender Punishment Act to burglary of an unoccupied dwelling, but approved the Second District's rejection of various constitutional challenges to the PRRP.
• Medina v. State
  813 So. 2d 103· Fla.· 2002-03-14
  Florida Supreme Court quashed the Second District's decision on whether the Prison Releasee Reoffender Punishment Act applies to burglary of an unoccupied dwelling, remanding for reconsideration under State v. Huggins, while affirming rejection of constitutional challenges to the
• Shawon Miles v. State
  799 So. 2d 367· Fla. 4th DCA· 2001-11-14
  Shawon Miles appeals his convictions for robbery with a firearm, aggravated assault with a firearm, and two counts of kidnapping with a firearm, raising multiple trial errors and constitutional challenges to the Prison Releasee Reoffender Act. The Fourth District Court of Appeal
• State v. Garay
  797 So. 2d 591· Fla. 2d DCA· 2001-08-01
  The State appealed the dismissal of charges against three defendants for improper disposal of hazardous waste under Florida Statute 403.727(3)(b). The trial court had found the statute unconstitutionally vague as criminalizing ordinary negligence. The appellate court reversed, ho
• Morris v. State
  789 So. 2d 1032· Fla. 1st DCA· 2001-05-29
  Richard Morris was convicted on a nolo plea reserving the right to appeal the denial of his motion to dismiss a charge of committing a lewd or lascivious act in the presence of a minor under Florida Statute 800.04(4). The court affirmed the conviction, holding that verbal stateme
• Dow Jones & Co., Inc. v. Kaye
  2000 U.S. Dist. LEXIS 5456· S.D. Fla.· 2000-04-05
  The court held that the newspaper publishers have standing and that neither the Rooker-Feldman doctrine nor Younger abstention bars their First Amendment claims in federal court.
• Bischoff v. Osceola Cnty.
  35 F. Supp. 2d 1358· M.D. Fla.· 1999-02-02
  The court held that the plaintiffs lacked standing to bring their claims because they did not suffer a direct or threatened injury, and the challenged statutes were not substantially overbroad.
• Toy Box, Inc. v. Bay Cnty.
  989 F. Supp. 1183· N.D. Fla.· 1997-12-31
  The court held that Bay County ordinances prohibiting nudity in establishments selling alcohol do not violate the First Amendment and are not unconstitutionally overbroad.
• Duer v. State
  701 So. 2d 1273· Fla. 5th DCA· 1997-12-12
  Court affirmed Duer's conviction for lewd acts on a child but reversed and remanded the overbroad probation condition prohibiting all contact with any child under eighteen, which could result in inadvertent violations beyond the defendant's control.
• Naples Cmty. Hosp., Inc. v. State
  687 So. 2d 62· Fla. 1st DCA· 1997-01-31
  The court held that the hearing officer departed from the essential requirements of law by denying a motion for a protective order, as the discovery requests were overbroad and encroached on proprietary interests.
• Hrynda v. United States
  933 F. Supp. 1047· M.D. Fla.· 1996-07-05
  The court held that the plaintiff's discharge under the 'Old Policy' for admitting homosexual orientation and conduct was constitutionally permissible and did not violate her First or Fifth Amendment rights.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  844 F. Supp. 758· S.D. Fla.· 1996-07-03
  The court held that abstention doctrines were inapplicable and denied plaintiffs' motions to remand.
• City OF Sarasota v. Calhoun
  685 So. 2d 1338· Fla. 2d DCA· 1996-06-05
  The court held that the owner lacked standing to challenge the dog bark ordinance as vague and that the ordinance was not overbroad, thus the circuit court erred in declaring it unconstitutional.
• Wahnetta Joanne Shetler v. State
  681 So. 2d 730· Fla. 2d DCA· 1996-05-24
  Wahnetta Shetler was arrested for violating a Polk County ordinance prohibiting public nudity while wearing a T-back bathing suit while selling hot dogs. The court upheld the ordinance, holding that the conduct was subject to governmental regulation and did not receive significan
• Huffine v. State
  655 So. 2d 103· Fla.· 1995-05-18
• Acsi, Inc. v. AAA Constr. Sch., Inc.
  650 So. 2d 236· Fla. 1st DCA· 1995-03-01
• State v. Gonzalez
  651 So. 2d 185· Fla. 2d DCA· 1995-02-22
  The court held that Florida's Stalking Statute, section 784.048, Florida Statutes (Supp.1992), is facially constitutional.
• Saun Reeves v. State
  631 So. 2d 374· Fla. 1st DCA· 1994-02-11
  Florida's Hate Crimes Statute (section 775.085) is constitutional and does not violate the Free Speech or Due Process Clauses; affirming conviction for shooting into an occupied building with hate crime enhancement.
• E.L. v. State
  619 So. 2d 252· Fla.· 1993-03-25
  The Florida Supreme Court invalidated a Sanford ordinance prohibiting loitering for the purpose of engaging in drug-related activity, finding it unconstitutionally vague, overbroad, and violative of substantive due process. Following its reasoning in the companion case Wyche v. S
• State v. Sweet
  616 So. 2d 114· Fla. 2d DCA· 1993-03-24
  The Florida District Court of Appeal reversed a county court's dismissal of charges under Florida's "disturbing a religious assembly" statute (§ 871.01), holding that the statute is not facially unconstitutional or unconstitutionally vague despite a church schism and police prese
• United States v. Sandsness
  988 F.2d 970· 9th Cir.· 1993-03-10
  The court held that the statute prohibiting the sale of drug paraphernalia was neither unconstitutionally vague on its face nor as applied to the defendant's sentence enhancement for managerial status.
• State v. McCARTHY
  615 So. 2d 784· Fla. 2d DCA· 1993-03-10
  The state appealed the trial court's dismissal of a charge under Florida's business opportunity seller statute, which prohibits misrepresenting prospects for success. The appellate court affirmed, holding that the statute is unconstitutionally vague and overbroad because it fails
• Cary R. Ortberg v. Russel Moody
  961 F.2d 135· 9th Cir.· 1992-04-03
  A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
• Metro. Wash. Airports Auth. Prof'l Fire Fighters Ass'n Local 3217 v. United States
  959 F.2d 297· D.C. Cir.· 1992-03-24
  The court held that the lease provisions and the Authority's subsequent actions did not violate the Metropolitan Washington Airports Act of 1986, affirming the district court's grant of summary judgment.
• Adult Video Ass'n v. Barr
  960 F.2d 781· 9th Cir.· 1992-03-12
  The court held that RICO's pre-trial seizure provision is facially unconstitutional as applied to obscenity offenses, but post-trial forfeiture is permissible punishment, though its scope may require tailoring.
• The United Faculty OF Fla. & Robert Hogner v. The Fla. Bd. OF Regents & Jim Sloan
  585 So. 2d 991· Fla. 1st DCA· 1991-08-16
  The United Faculty of Florida and its president challenged a Florida Public Employees Relations Commission (PERC) order finding they violated labor law by publishing an open letter to university students soliciting support for a faculty bargaining position. The Florida First Dist