Overbreadth Doctrine

1,059 Florida cases classified under this topic, plus 99 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Brinkley v. Cnty. OF Flagler
  769 So. 2d 468· Fla. 5th DCA· 2000-10-13 ·cited 24×
  Linda Brinkley appealed a trial court's finding that she was unfit to possess animals, the seizure of approximately 402 dogs and one bird from her property, and an injunction prohibiting her from possessing animals. The Florida appellate court upheld the seizure and injunction, r
• DOE v. Mortham
  708 So. 2d 929· Fla.· 1998-03-19 ·cited 24×
  The Florida Supreme Court upheld three campaign finance statutes requiring disclosure and identification of political advertisements against a First Amendment overbreadth challenge. The court concluded the statutes were not substantially overbroad and provided narrowing construct
• United States v. Rodriguez
  869 F.2d 479· 9th Cir.· 1989-03-06 ·cited 24×
  The court held that the officers had probable cause to stop the van, arrest the occupants, and obtain a search warrant for their residences. Even if a warrantless entry of a residence was unlawful, evidence seized under a subsequent valid warrant is not excludable if the warrant'
• United States v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  858 F.2d 534· 9th Cir.· 1988-09-29 ·cited 24×
  The First Amendment does not require a "reasonable mistake" defense to 18 U.S.C. § 2251(a), which criminalizes employing minors in sexually explicit conduct for distribution.
• The Cmty. FOR Creative Non-Violence v. Watt
  703 F.2d 586· D.C. Cir.· 1983-03-09 ·cited 24×
• NEW England Accessories Trade Ass'n, Inc. v. City OF Nashua
  679 F.2d 1· 1st Cir.· 1982-05-24 ·cited 24×
  The court held that neither the City of Nashua's drug paraphernalia ordinance nor New Hampshire's drug paraphernalia statute are unconstitutionally vague or overbroad.
• Johnson v. The City OF Opelousas
  658 F.2d 1065· 5th Cir.· 1981-10-13 ·cited 24×
  The court held that the Opelousas juvenile curfew ordinance is unconstitutionally overbroad because it sweeps within its ambit innocent activities protected by minors' constitutional rights, and less drastic means exist to achieve the city's goals. The court reversed the district
• Aladdin's Castle, Inc. v. The City OF Mesquite
  630 F.2d 1029· 5th Cir.· 1980-11-17 ·cited 24×
  The court held that the ordinance's "connection with criminal elements" language is void for vagueness, violating due process, but affirmed the district court's upholding of the age restriction.
• Sawyer v. Sandstrom
  615 F.2d 311· 5th Cir.· 1980-04-10 ·cited 24×
  The Dade County loitering ordinance is unconstitutionally overbroad because it punishes mere association with individuals known to be engaged in illegal drug activity, thereby infringing upon First Amendment associational rights.
• Purvis v. State
  377 So. 2d 674· Fla.· 1979-11-21 ·cited 24×
  The Florida Supreme Court held that Fla. Stat. § 798.03, the fornication statute, violates equal protection because it creates a gender-based classification that is not rationally related to any permissible state objective. The Court vacated the convictions and remanded for the s
• Wash. Mobilization Comm. v. Cullinane
  566 F.2d 107· D.C. Cir.· 1977-04-12 ·cited 24×
  A vote to deny rehearing en banc does not signify agreement with the panel's decision but reflects prudential considerations regarding the case's impact and the evolving nature of police conduct.
• Slaughter v. State
  301 So. 2d 762· Fla.· 1974-09-25 ·cited 24×
  The Florida Supreme Court affirmed convictions for conspiracy to commit arson and arson of a school building, rejecting constitutional challenges to Florida's conspiracy statute and jury selection procedures, and finding no reversible error in the trial court's conduct.
• Virvus Jones v. Snead
  431 F.2d 1115· 8th Cir.· 1970-10-01 ·cited 24×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction for student reinstatement, as a complete record and final judgment are necessary for appellate review of due process claims.
• Stamler v. Hon. Edwin E. Willis
  415 F.2d 1365· 7th Cir.· 1969-08-05 ·cited 24×
  The court held that while the action against Congressional defendants could be dismissed due to the Speech or Debate Clause and availability of relief against other parties, the dismissal of the Attorney General and U.S. Attorney was improper and the case should be remanded for c
• League of Women Voters of Fla. Inc. v. Fla. Sec'y of State
  66 F.4th 905· 11th Cir.· 2023-04-27 ·cited 23×·via Unconstitutional Overbreadth
  The League of Women Voters of Florida challenged four provisions of Florida's Senate Bill 90 (enacted in 2021), claiming they violated the Fourteenth and Fifteenth Amendments and the Voting Rights Act by discriminating against Black voters through restrictions on ballot drop boxe
• Sult v. State
  906 So. 2d 1013· Fla.· 2005-06-23 ·cited 23×
  The Florida Supreme Court held that Florida Statute § 843.085, which criminalizes the wearing or displaying of law enforcement indicia or titles without authorization, is unconstitutional as overbroad, vague, and violative of substantive due process because it lacks a specific in
• Shapiro v. State
  696 So. 2d 1321· Fla. 4th DCA· 1997-07-23 ·cited 23×
  Arnold Shapiro, a licensed psychologist, was convicted under Florida Statute § 491.0112 of sexual misconduct by a psychotherapist through therapeutic deception. The appellate court affirmed the conviction, rejecting multiple constitutional challenges to the statute including over
• United States v. Gilbert
  920 F.2d 878· 11th Cir.· 1991-01-10 ·cited 23×
  The court held that while the government can restrict expressive activity in nonpublic forums like the building interior and portico, it cannot prohibit sleeping in the unenclosed plaza if done as part of a protest, as this restriction was overbroad under strict scrutiny.
• Major Media OF THE Se., Inc. v. City OF Raleigh
  792 F.2d 1269· 4th Cir.· 1986-06-12 ·cited 23×
  The court held that the City of Raleigh's amended ordinance regulating outdoor advertising signs was constitutional, did not violate the First Amendment, was not vague, and that the amortization period for non-conforming signs was reasonable.
• Griffin v. State
  396 So. 2d 152· Fla.· 1981-03-12 ·cited 23×
  The Florida Supreme Court upheld the constitutionality of section 847.014, which criminalizes the production and procurement of obscene materials involving minors. The court rejected challenges based on vagueness, overbreadth, and improper title, finding the statute validly regul
• Clean-Up '84 v. Heinrich
  759 F.2d 1511· 11th Cir.· 1985-05-08 ·cited 22×
  The court held that Fla.Stat. § 104.36, prohibiting petition signature solicitation within 100 yards of a polling place, is unconstitutionally overbroad on its face.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  749 F.2d 113· 2d Cir.· 1984-11-02 ·cited 22×
  The FCC's time-channeling regulation for dial-a-porn services is set aside because it is not narrowly tailored to serve a compelling governmental interest and less restrictive alternatives were not adequately considered.
• Record Head Corp. v. Sachen
  682 F.2d 672· 7th Cir.· 1982-07-07 ·cited 22×
  The dissenting judge argues that the West Allis ordinance is not unconstitutionally vague or overbroad, disagreeing with the majority's conclusion.
• United States v. Esmerejidado Guerrero
  667 F.2d 862· 10th Cir.· 1981-10-30 ·cited 22×
  The court held that the trial court did not err in admitting the videotape evidence and that the defendant's speedy trial rights were not violated. The statute under which the defendant was convicted was also found to be constitutional.
• Fed. Election Comm'n v. Lance
  635 F.2d 1132· 5th Cir.· 1981-01-15 ·cited 22×
  The dissenting judges would hold that the individual may not be required to respond to the subpoenas and that enforcement should be denied.
• State v. Tomas
  370 So. 2d 1142· Fla.· 1979-05-03 ·cited 22×
  Florida's Supreme Court reversed a trial court's dismissal of charges under Florida Statutes § 812.019(1) (trafficking in stolen property), holding that the statute is not unconstitutionally overbroad and adequately confines conduct to non-innocent activity.
• Alsager v. Dist. Court OF Polk Cnty.
  545 F.2d 1137· 8th Cir.· 1976-12-08 ·cited 22×
  The judgment is affirmed because the State of Iowa violated plaintiffs' substantive and procedural due process rights by failing to show threshold harm and by providing inadequate notice of conduct warranting termination.
• Carlson v. Schlesinger
  511 F.2d 1327· D.C. Cir.· 1975-04-25 ·cited 22×·via Facial Overbreadth Doctrine
  The court held that the arrests of servicemen for petitioning in a combat zone without prior approval were valid, and the commanders' denial of permission was reasonable, thus reversing the district court's judgment.
• State v. Mel J. Dinsmore
  308 So. 2d 32· Fla.· 1975-01-29 ·cited 22×·via Statutory Overbreadth
  The Florida Supreme Court reviewed three consolidated appeals challenging the constitutionality of conflict-of-interest statutes applied to a mayor accused of concealing his business interest. The Court held Section 112.313(2) unconstitutional for vagueness but found Sections 112
• Alderman v. The Philadelphia Hous. Auth.
  496 F.2d 164· 3d Cir.· 1974-04-16 ·cited 22×
  A prior restraint on all discussion of political matters by public employees is an impermissible infringement of First Amendment rights, even if justified by an interest in impartiality.
• Aurora Educ. Ass'n E. v. Bd. OF Educ. OF Aurora Pub. Sch. Dist. NO. 131 OF Kane Cnty.
  490 F.2d 431· 7th Cir.· 1973-12-20 ·cited 22×
  A school board policy that disqualifies a teachers' union as a bargaining representative for asserting the right to strike is unconstitutional as applied, violating the First Amendment's free speech guarantees incorporated by the Fourteenth Amendment.
• Jones v. Wade
  479 F.2d 1176· 5th Cir.· 1973-05-30 ·cited 22×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Valarie Goguen v. Smith
  471 F.2d 88· 1st Cir.· 1972-12-14 ·cited 22×
  The court held that the Massachusetts flag contempt statute is unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments.
• Wells v. State
  364 So. 3d 1005· Fla.· 2023-04-13 ·cited 21×·via Facial Overbreadth Doctrine
  William E. Wells III, serving multiple life sentences for prior murders, was convicted of first-degree murder and sentenced to death for killing fellow inmate William Chapman in a premeditated, brutal attack. The Florida Supreme Court affirmed his conviction and death sentence, r
• State v. Conforti
  688 So. 2d 350· Fla. 4th DCA· 1997-01-08 ·cited 21×
  Florida appeals the dismissal of lewdness charges against two exotic dancers who performed explicit sexual acts in a private room at an adult entertainment venue. The trial court had declared the lewdness statute unconstitutional on First Amendment, vagueness, overbreadth, and pr
• Trade Waste Mgmt. Ass'n, Inc. v. Hughey
  780 F.2d 221· 3d Cir.· 1985-12-19 ·cited 21×
  The court held that New Jersey's Pub.L.1983, ch. 392, which broadly disqualifies individuals from the waste industry based on certain criminal convictions and reputation, does not violate federal constitutional rights of association and privacy.
• United States v. Jardins
  772 F.2d 578· 9th Cir.· 1985-09-26 ·cited 21×·via Statutory Overbreadth
  The court held that the Supreme Court's reversal of Woodward requires reinstatement of the defendant's conviction for making a fraudulent statement to a customs agent, and that the defendant's other challenges to this conviction lack merit.
• Se. Promotions, Ltd. v. City OF W. Palm Beach
  457 F.2d 1016· 5th Cir.· 1972-03-22 ·cited 21×
  A municipality cannot deny a license to use a public auditorium for a theatrical production based on the subjective judgment of an official without established, objective standards, as this constitutes an unconstitutional prior restraint and violates First and Fourteenth Amendmen
• United States v. Flower
  452 F.2d 80· 5th Cir.· 1971-11-08 ·cited 21×
• Coral Gables Chiropractic PLLC v. United Auto. Ins. Co.
  199 So. 3d 292· Fla. 3d DCA· 2016-03-16 ·cited 20×
  Coral Gables Chiropractic sought a writ of certiorari to quash an order compelling discovery regarding the reasonableness of medical service fees in a personal injury protection insurance dispute. The court dismissed the petition for lack of jurisdiction, holding that the petitio
• Shawon Miles v. State
  839 So. 2d 814· Fla. 4th DCA· 2003-03-05 ·cited 20×
  Shawon Miles appeals his convictions for robbery with a firearm, aggravated assault with a firearm, and two counts of kidnaping with a firearm, challenging various evidentiary and procedural issues. The Fourth District Court of Appeal affirms all convictions and sentences, findin
• State v. T.M.
  761 So. 2d 1140· Fla. 2d DCA· 2000-05-17 ·cited 20×
  The State appeals a trial court's decision declaring Pinellas Park's juvenile curfew ordinance unconstitutional as an infringement on parental rights. The appellate court reverses, holding that the ordinance withstands heightened constitutional scrutiny and is constitutional, tho
• Miller v. Civil City OF S. Bend
  904 F.2d 1081· 7th Cir.· 1990-05-24 ·cited 20×
  The court held that nude dancing, even in a bar setting, is constitutionally protected expressive conduct under the First Amendment.
• Polykoff v. Collins
  816 F.2d 1326· 9th Cir.· 1987-05-07 ·cited 20×
  The court held that Arizona's interpretation of "prurient interest" in its obscenity statute, as reflected in the Bartanen jury instructions, does not unconstitutionally overreach protected speech, and that abstention doctrines were inapplicable.
• Umphlet v. Connick
  815 F.2d 1061· 5th Cir.· 1987-05-06 ·cited 20×
  The court held that Louisiana's 'B-girl' statute does not violate equal protection, due process, or First Amendment rights, and is not unconstitutionally vague or overbroad.
• Leverett v. The City OF Pinellas Park
  775 F.2d 1536· 11th Cir.· 1985-11-15 ·cited 20×
  The court held that individual owners have standing to challenge ordinances on First Amendment overbreadth grounds, and that an ordinance prohibiting nude entertainment without sufficient factual basis or motivation is unconstitutional.
• Pace v. State
  368 So. 2d 340· Fla.· 1979-02-01 ·cited 20×
  Anthony Pace, a Florida attorney, was convicted of soliciting legal business in violation of Florida Statute § 877.02(1) after he met with a high school athlete to secure a legal retainer. The Florida Supreme Court affirmed the conviction, holding that the anti-solicitation statu
• United States v. Douglass
  579 F.2d 545· 9th Cir.· 1978-08-04 ·cited 20×·via Facial Overbreadth Doctrine
  The court held that the appellant's reentry onto the military reservation, even to use a public phone booth outside the main fence but within a marked boundary, constituted a violation of 18 U.S.C. § 1382, and the statute was constitutional as applied.
• The Bd. OF Cnty. Comm'rs OF LEE Cnty. v. Dexterhouse
  348 So. 2d 916· Fla. 2d DCA· 1977-07-20 ·cited 20×
  Lee County enacted an ordinance prohibiting female breast exposure in establishments serving alcohol. The trial court invalidated the ordinance as an overbroad restriction on First Amendment rights, but the appellate court reversed, holding the ordinance a valid exercise of polic
• City OF Coral Gables v. Wood
  305 So. 2d 261· Fla. 3d DCA· 1974-12-31 ·cited 20×
  The court held that an appeal should not be dismissed solely for failure to certify transcript deposit when insolvency tolled the payment and the transcript was available.