Overbreadth Doctrine

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

• The Nationalist Movement v. The City OF Cumming
  934 F.2d 1480· 11th Cir.· 1991-07-05
  The en banc court reinstated the panel's decision, holding that the county ordinance's fee provision was facially invalid because it could result in the imposition of more than a nominal fee for exercising First Amendment rights.
• State v. Corley
  558 So. 2d 187· Fla. 4th DCA· 1990-03-21
  Florida appealed a county court's decision declaring section 327.35 unconstitutional and dismissing a boating-under-the-influence charge against Richard Corley. The appellate court reversed, holding that while the statute's prohibition on "using" a vessel while impaired was uncon
• State v. Kolacia
  558 So. 2d 190· Fla. 4th DCA· 1990-03-21
  Florida appeals a county court's decision striking down a boating-under-the-influence statute as unconstitutionally overbroad. The appellate court reverses, holding that the overbroad provision can be severed while the remainder of the statute remains valid, and that applying the
• Leonardson v. City OF E. Lansing
  896 F.2d 190· 6th Cir.· 1990-02-13
  The court held that Section 9.111 of Ordinance 653 was not unconstitutionally vague, but Section 9.112 was unconstitutionally vague due to excessive discretion granted to officials, potentially infringing on First Amendment rights.
• Am. Booksellers Ass'n, Inc. v. Schiff
  868 F.2d 1199· 10th Cir.· 1989-03-06
  The court held that plaintiffs established standing to challenge a New Mexico law regulating the display of material deemed harmful to minors, despite the pre-enforcement nature of the challenge.
• Francelle Dorman v. Satti
  862 F.2d 432· 2d Cir.· 1988-12-07
  The court held that the Connecticut Hunter Harassment Act is unconstitutionally vague and overbroad on its face and affirmed the district court's judgment.
• United States v. In the Matter of: Establishment Inspection OF: Jeep Corp.
  836 F.2d 1026· 6th Cir.· 1988-03-01
  The court held that the district court correctly applied the appropriate legal standard for issuing an administrative warrant and that the warrant was not unconstitutionally broad.
• Mich. State Chamber OF Commerce v. Austin
  832 F.2d 947· 6th Cir.· 1987-11-04
  The court held that Michigan Campaign Finance Act § 54(3), which limits corporate contributions to ballot question committees, is substantially overbroad and violates the First and Fourteenth Amendments.
• In re Grand Jury Proceedings: Subpoenas Duces Tecum. Larry Danbom & W. Union v. United States
  827 F.2d 301· 8th Cir.· 1987-08-20
  The court held that Western Union customers have no Fourth Amendment privacy interest in Western Union records, and the subpoenas were not overbroad. The district court's order declining to quash the subpoenas was affirmed.
• News & Sun-Sentinel Co. v. Bd. of Cnty. Comm'rs
  693 F. Supp. 1066· S.D. Fla.· 1987-06-30
  A county ordinance requiring publishers to verify contractor certification numbers or obtain affidavits impermissibly infringes on the freedom of the press by shifting enforcement burdens to the media.
• Graham v. Wolmer
  505 So. 2d 637· Fla. 4th DCA· 1987-04-15
  Florida state officials appealed a trial court judgment that declared chapter 25714 (a 1949 law prohibiting net fishing in Broward County) unconstitutional as applied to three commercial and marine life fishermen, and that made permanent injunctions against enforcement of the sta
• United States v. Perceval
  803 F.2d 601· 10th Cir.· 1986-10-17
  A conviction under 18 U.S.C. § 1791(a)(2) requires proof that the inmate knowingly made or possessed an object that may be used as a weapon, not necessarily that the inmate intended to use it as a weapon.
• Pringle v. Court OF Common Pleas
  778 F.2d 998· 3d Cir.· 1985-12-12
  The court held that the Pennsylvania disorderly conduct statute, as applied to appellant's speech in 1979, was unconstitutionally vague because it failed to provide fair notice that her words, previously deemed not obscene by the Supreme Court, could be considered obscene based o
• 754 Orange AVE., Inc. v. City OF W. Haven
  761 F.2d 105· 2d Cir.· 1985-04-30
  The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.
• Bowles v. Sanford S. Jones
  758 F.2d 1479· 11th Cir.· 1985-04-25
  The court held that the Georgia Flag Misuse Statute was unconstitutional as applied to the appellants' conduct, mirroring a prior decision.
• Davenport v. City OF Alexandria
  748 F.2d 208· 4th Cir.· 1984-11-06
  The court affirmed the district court's ruling that the city ordinance prohibiting street performances on sidewalks in the central business district was unconstitutional.
• J.C. Sims v. Wyrick
  743 F.2d 607· 8th Cir.· 1984-09-10
  The court held that even if a prison policy banning Black Panther literature was unconstitutional, the inmate could not recover damages because the loss of his transcript was not proximately caused by that policy, but by inadvertence or theft.
• Electrolert Corp. v. Barry
  737 F.2d 110· D.C. Cir.· 1984-06-19
  The court held that the District of Columbia ordinance banning possession of radar detectors in motor vehicles did not violate the Commerce Clause or the Due Process Clause.
• Burke Justice, Jr. v. Superior Court of the Dist. of Columbia
  732 F.2d 949· D.C. Cir.· 1984-04-20
  The court held that the district court should abstain from hearing the constitutional claims pending resolution by the D.C. Court of Appeals.
• Pietzsch v. Mattox
  719 F.2d 129· 5th Cir.· 1983-11-10
  The court held that the district court did not abuse its discretion in abstaining from judgment on the constitutionality of the Texas statutes.
• Randall Book Corp. v. Maryland
  464 U.S. 919· U.S.· 1983-10-17
• Mescall v. Rochford
  655 F.2d 111· 7th Cir.· 1981-07-28
  The court concurred that the regulation is unconstitutional due to overbreadth and arbitrariness.
• Fisher v. Coleman
  639 F.2d 191· 4th Cir.· 1981-01-27
  The court affirmed the district court's judgment, finding no constitutional violations in the challenged Virginia statutes regarding habitual drunkards and alcohol sales.
• Gormley v. Dir., Conn. State Dep't of Adult Prob.
  449 U.S. 1023· U.S.· 1980-12-01
• State v. Brayman
  49 Fla. Supp. 1· Broward Cty. Ct.· 1979-03-27
  The defendant was charged with disorderly intoxication and resisting arrest without violence after verbally insulting police officers during a domestic disturbance call. The court held that while Florida Statute 843.02 is facially constitutional, its application to mere profane o
• United States v. Aundra O. Magee
  586 F.2d 636· 6th Cir.· 1978-11-02
  The court held that the statute and regulations were not unconstitutionally vague and that the admission of co-conspirator statements was proper.
• Gorchov v. State
  354 So. 2d 116· Fla. 3d DCA· 1978-01-24
  Michael Gorchov challenged his involuntary hospitalization, arguing that the relevant Florida statute was unconstitutional and that the trial court applied the wrong standard of proof. The Florida Supreme Court resolved the constitutional issues in a companion case, leaving only
• State v. Sanderson
  46 Fla. Supp. 179· Palm Beach Cty. Ct.· 1977-12-16
  A Florida county court struck down a Boca Raton ordinance prohibiting female toplessness in public entertainment venues as unconstitutionally overbroad under the First Amendment. The ordinance sweeps in protected theatrical and artistic performances alongside conduct that could b
• Glynis Margaret LAW v. State
  355 So. 2d 1174· Fla.· 1977-11-30
  Glynis Law appealed her conviction under a Florida statute making it unlawful to keep or operate a place for prostitution, challenging the statute as vague and overbroad. The Florida Supreme Court upheld the facial validity of the statute and transferred the case to the circuit c
• Am. Theatre Corp. v. United States
  430 U.S. 938· U.S.· 1977-03-21
• Walters v. Hon. C. Archie Clement
  544 F.2d 1340· 5th Cir.· 1977-01-10
  The court held that a petition for habeas corpus is an unsatisfactory method to challenge a statute's facial constitutionality, especially when the state supreme court has already provided a narrowed construction.
• Matheny v. Alabama
  425 U.S. 982· U.S.· 1976-05-19
• Ratner v. United States
  423 U.S. 898· U.S.· 1975-10-14
• Goldtrap v. Comm'n ON Ethics
  43 Fla. Supp. 11· Leon Cty. Cir. Ct.· 1975-09-09
  A Leon County circuit judge upheld Florida's financial disclosure statute for public officials against a county commissioner's challenge that it violated his constitutional right to privacy. The court held that while individuals have a privacy right, the state's interest in preve
• Horvath v. City OF Chicago
  510 F.2d 594· 7th Cir.· 1975-05-16
  The court held that federal courts should not interfere with state civil proceedings to determine the application of a municipal ordinance, even if the ordinance is arguably vague.
• Dyke v. Georgia
  W.D. Pa.· 1975-04-28
• Cornelia Webster v. Alan R. Perry as Chairman & representative of the Bd. of Educ. of the Winston-Salem/Forsyth Cnty. Sch. Sys.
  512 F.2d 612· 4th Cir.· 1975-03-17
  The court held that the district court correctly abstained from deciding the vagueness and overbreadth claims pending state court construction, but erred in remanding the due process claim, which requires a three-judge panel.
• Hill v. United States
  420 U.S. 952· U.S.· 1975-02-24
• McKinney v. City of Birmingham
  420 U.S. 950· U.S.· 1975-02-24
• Groner v. United States
  419 U.S. 1010· U.S.· 1974-11-11
• Bryant v. North Carolina
  419 U.S. 974· U.S.· 1974-10-29
• Isola v. United States
  419 U.S. 933· U.S.· 1974-10-21
• Winslow v. Virginia
  419 U.S. 906· U.S.· 1974-10-21
• Karlan v. City of Cincinnati
  416 U.S. 924· U.S.· 1974-04-15
• Reynolds v. Tennessee
  414 U.S. 1163· U.S.· 1974-01-21
• Kirkpatrick v. New York
  414 U.S. 948· U.S.· 1973-10-23
• Thompson v. Mississippi
  414 U.S. 890· U.S.· 1973-10-15
• State v. Mayhew
  38 Fla. Supp. 107· Duval Cty. Cir. Ct.· 1973-03-21
  The Duval County Circuit Court declared Florida's profanity statute (Fla. Stat. §847.04) unconstitutional on its face as violating the First, Fifth, and Fourteenth Amendments. The court granted the defendant's motion to dismiss charges for profanity and resisting arrest, finding
• Rosenfeld v. New Jersey
  408 U.S. 901· U.S.· 1972-06-26
  The dissenting justices express profound disagreement with the Court's decision based on Gooding v. Wilson, believing it undermines public confidence in the law and leads to a return to lawlessness.
• Int'l Ass'n OF Fire Fighters v. City OF Miami Beach
  36 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1972-02-07
  Fire fighters challenged a Miami Beach ordinance prohibiting city employees from soliciting or participating in political activities, arguing it violated First Amendment protections. The court held the ordinance unconstitutional as overbroad and vague, relying on precedent from t