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

• United States v. Lippman
  492 F.2d 314· 6th Cir.· 1974-02-27 ·cited 20×
  The court held that the statute 18 U.S.C. § 1510 is not unconstitutionally vague or overbroad on its face, and the indictment sufficiently alleged the elements of the offense. The court also found that electronic eavesdropping with party consent was constitutional and that the ju
• The United States v. Dawson
  467 F.2d 668· 8th Cir.· 1972-10-05 ·cited 20×
  The court held that 18 U.S.C. § 842(h) is a constitutional exercise of Congress's Commerce Clause power and that the conviction was not tainted by procedural errors.
• von Sleichter v. United States
  472 F.2d 1244· D.C. Cir.· 1972-06-15 ·cited 20×·via Statutory Overbreadth
  The dissenting judge believes the majority's distinctions of prior Supreme Court cases are without substance and that the court should intervene to protect citizens from harassing arrests.
• Dunn v. Tyler Indep. Sch. Dist.
  460 F.2d 137· 5th Cir.· 1972-04-11 ·cited 20×
• Montgomery v. State
  69 So. 3d 1023· Fla. 5th DCA· 2011-09-16 ·cited 19×·via Statutory Overbreadth
  Montgomery challenges Florida's noise statute (Fla. Stat. § 316.3045) as unconstitutionally vague and overbroad after being stopped for playing loud music from his car, during which police discovered drugs. The Fifth District held the statute is not vague but is unconstitutionall
• IDK, Inc. v. Cnty. OF Clark
  836 F.2d 1185· 9th Cir.· 1988-01-08 ·cited 19×
  The licensing regulation is unconstitutional because it is vague, overbroad, and not the least restrictive means of achieving the county's interests.
• The Nat'l GAY Task Force v. The Bd. OF Educ. OF the City OF Okla. City
  729 F.2d 1270· 10th Cir.· 1984-03-14 ·cited 19×
  The court held that the portion of the statute proscribing 'public homosexual conduct' is unconstitutionally overbroad because it punishes protected speech, and this portion is severable from the rest of the statute.
• M.R. Ferguson v. W.J. Estelle, Jr.
  718 F.2d 730· 5th Cir.· 1983-10-31 ·cited 19×·via Facial Overbreadth Doctrine
  The court held that the Texas Anti-Riot Law, as construed by the Texas Court of Criminal Appeals, is not facially overbroad or vague, and its vicarious criminal responsibility provision satisfies due process.
• Int'l Soc'y FOR Krishna Consciousness OF Houston, Inc. v. City OF Houston
  689 F.2d 541· 5th Cir.· 1982-10-18 ·cited 19×
  The court held that the Houston ordinance regulating charitable solicitation, as amended, does not violate the First and Fourteenth Amendments by unduly burdening free speech or free exercise of religion.
• State v. Holden
  299 So. 2d 8· Fla.· 1974-07-24 ·cited 19×
  The Florida Supreme Court reversed a county court's dismissal of a disorderly intoxication charge, holding that Florida Statutes Section 856.011 is constitutional and does not violate principles against improper delegation of legislative power or vagueness.
• Jacobs v. The Bd. OF Sch. Comm'rs
  490 F.2d 601· 7th Cir.· 1973-12-14 ·cited 19×
  The court held that a rule was invalid for vagueness and overbreadth, and that certain language in a publication was not obscene as to minors in a high school context.
• Adell Kirkland v. Wallace
  403 F.2d 413· 5th Cir.· 1968-10-22 ·cited 19×
  The court held that the Alabama statute prohibiting the circulation of boycott notices is unconstitutional on its face due to overbreadth, violating the First Amendment. Federal courts should not abstain from hearing such cases.
• Royal Caribbean Cruises, Ltd. v. Jane DOE & Jane Doe
  964 So. 2d 713· Fla. 3d DCA· 2007-05-23 ·cited 18×
  Royal Caribbean Cruises sought a writ of certiorari to quash a trial court discovery order requiring production of incident reports involving crew member assaults across multiple vessels over a three-year period. The Third District Court of Appeal granted the petition, finding th
• Varney v. State
  638 So. 2d 1063· Fla. 1st DCA· 1994-07-12 ·cited 18×
  Appellant Varney challenged his stalking conviction as facially unconstitutional under the vagueness and overbreadth doctrines. The court affirmed the constitutional validity of the stalking statute but reversed and remanded to correct the probation order, which erroneously liste
• Bishop v. Aronov
  926 F.2d 1066· 11th Cir.· 1991-03-15 ·cited 18×
  The court held that a university classroom is not an open forum during instructional time and that the University's restrictions on a professor's religious speech were reasonably related to legitimate pedagogical concerns.
• Moore v. The City OF Kilgore
  877 F.2d 364· 5th Cir.· 1989-07-18 ·cited 18×
  The court held that firefighter Gary Moore's statements to the media regarding fire department staffing shortages constituted speech on a matter of public concern, and the City of Kilgore's interest in efficient operation did not outweigh Moore's First Amendment rights. The court
• The Daily Herald Co. v. Munro
  838 F.2d 380· 9th Cir.· 1988-02-02 ·cited 18×
  The Washington statute restricting exit polls violates the First Amendment by encroaching on traditional public forums and limiting the media's access to information crucial for public debate.
• Int'l Caucus OF Labor Committees v. City OF Chicago
  816 F.2d 337· 7th Cir.· 1987-04-14 ·cited 18×
  The court held that the O'Hare Airport regulations governing First Amendment activities were facially constitutional and affirmed the dismissal of the plaintiffs' claims.
• Johnson v. Thigpen
  806 F.2d 1243· 5th Cir.· 1986-12-17 ·cited 18×
  The court held that the Mississippi Supreme Court's inconsistent application of the 'especially heinous, atrocious or cruel' aggravating circumstance did not render the death sentence unconstitutional because the capital murder statute itself sufficiently narrows the class of eli
• Fiorillo v. U.S. Dep't OF Just.
  795 F.2d 1544· Fed. Cir.· 1986-07-02 ·cited 18×
  The agency wrongfully suspended and demoted Mr. Fiorillo in contravention of his First Amendment free speech rights and whistleblower protections.
• O'Brien v. Town OF Caledonia
  748 F.2d 403· 7th Cir.· 1984-11-08 ·cited 18×
  The court held that the district court erred in denying a preliminary injunction because the plaintiff demonstrated a likelihood of success on the merits and irreparable harm due to the chilling effect on his First Amendment rights.
• McGEHEE v. Casey
  718 F.2d 1137· D.C. Cir.· 1983-10-04 ·cited 18×
  The court specially concurred, arguing there is no essential difference between upholding a secrecy agreement for classified information and seeking a prepublication injunction for the same information.
• Grace v. Burger
  665 F.2d 1193· D.C. Cir.· 1981-09-08 ·cited 18×
  The dissenting judge believes that section 13k, when reasonably construed, is constitutional and serves a legitimate governmental interest in maintaining order and the appearance of justice at the Supreme Court. The judge disagrees with the majority's finding of facial unconstitu
• Fantasy Book Shop, Inc. v. City OF Boston
  652 F.2d 1115· 1st Cir.· 1981-06-16 ·cited 18×
  The court held that while the ordinance's first three criteria for denying amusement licenses are facially valid, the fourth criterion is unconstitutionally vague, and the case must be remanded to determine if the denials were based on impermissible grounds or pretext.
• John Donnelly & Sons v. Campbell
  639 F.2d 6· 1st Cir.· 1980-12-22 ·cited 18×
  The Maine Traveler Information Services Act unconstitutionally abridges First Amendment rights by impermissibly restricting both ideological and commercial speech.
• Robinson v. State
  393 So. 2d 1076· Fla.· 1980-12-18 ·cited 18×
  Robinson was charged under a Florida statute prohibiting masked persons from appearing on public property. The Florida Supreme Court held that the statute is unconstitutionally overbroad under the Due Process Clause because it can be applied to entirely innocent activities lackin
• Harris L. Kimball v. THE Florida BAR
  632 F.2d 1283· 5th Cir.· 1980-12-18 ·cited 18×·via Statutory Overbreadth
  Federal district courts lack jurisdiction to review or reverse final state court orders, even when framed as a civil rights claim.
• Clanton v. State
  357 So. 2d 455· Fla. 2d DCA· 1978-03-31 ·cited 18×
  The court held that the appellant's arrest for disorderly conduct was unlawful because his verbal conduct, though offensive, did not constitute 'fighting words' or a false report of a hazard, and thus was protected by the First Amendment.
• Byrd v. Gain
  558 F.2d 553· 9th Cir.· 1977-08-02 ·cited 18×
  The First Amendment does not guarantee police officers an unqualified right to publicly criticize their department and superiors in a manner calculated to inflame the public or adversely affect departmental morale and discipline.
• Pacifica Found. v. Fed. Commc'ns Comm'n & United States
  556 F.2d 9· D.C. Cir.· 1977-03-16 ·cited 18×
  The FCC's order banning the broadcast of 'indecent' language, even when children might be in the audience, is reversed because it violates the statutory prohibition against censorship and is unconstitutionally overbroad and vague.
• GAY Alliance OF Students v. Matthews
  544 F.2d 162· 4th Cir.· 1976-10-28 ·cited 18×
  The court held that the registration process for student associations at state-supported institutions of higher education must conform to the First Amendment, and cannot be used to impede or aid the aims of these associations.
• ITT Cont'l Baking Co., Inc. v. Fed. Trade Comm'n
  532 F.2d 207· 2d Cir.· 1976-03-01 ·cited 18×
  The court affirmed the FTC's finding of a violation but modified the cease and desist order, finding the advertising falsely represented Wonder Bread as an extraordinary food for dramatic growth in children.
• United States v. Park
  521 F.2d 1381· 9th Cir.· 1975-09-15 ·cited 18×
  The court held that the trial court's violation of Federal Rule of Criminal Procedure 32 by reading the pre-sentencing report before determining guilt mandates reversal. The court also found the statute 18 U.S.C. § 1791 and its implementing regulations constitutional.
• Mancuso v. Taft
  476 F.2d 187· 1st Cir.· 1973-03-20 ·cited 18×
  A city charter provision prohibiting classified civil servants from becoming candidates for public office violates the Equal Protection Clause because it is not narrowly tailored to serve a compelling government interest.
• Rev. Robert Hunter v. Allen
  422 F.2d 1158· 5th Cir.· 1970-01-20 ·cited 18×
• Nat'l Mobilization Comm. TO END The WAR IN Viet NAM v. Foran
  411 F.2d 934· 7th Cir.· 1969-05-27 ·cited 18×
  The court held that the plaintiffs' attack on the constitutionality of the Civil Disorders and Riot provisions of the Criminal Code did not present a substantial constitutional question requiring a three-judge district court.
• Wright v. The City OF Montgomery
  406 F.2d 867· 5th Cir.· 1969-01-27 ·cited 18×
  The court held that the Montgomery ordinances for Disorderly Conduct, Loitering, and Failure to Obey are constitutional on their face, as interpreted by Alabama courts, and thus federal injunctive relief is not warranted.
• H.A.P. v. State
  834 So. 2d 237· Fla. 3d DCA· 2002-11-06 ·cited 17×·via Constitutional Overbreadth
  A juvenile was adjudicated delinquent for resisting a law enforcement officer without violence under Florida Statute § 843.02 after he refused repeated orders to leave the area where SWAT officers were executing a narcotics search warrant. The court affirmed, holding that the juv
• McLEOD, Alexander, Powel & Apffel, P.C. v. Quarles
  894 F.2d 1482· 5th Cir.· 1990-02-28 ·cited 17×
  The court held that the district court did not abuse its discretion in entering a default judgment for discovery abuses and that Texas law governs the award of attorney's fees. However, the court remanded the issue of the amount of attorney's fees for further consideration.
• Wilson v. Stocker
  819 F.2d 943· 10th Cir.· 1987-05-14 ·cited 17×·via Facial Overbreadth Doctrine
  The court held that the Oklahoma statute prohibiting anonymous campaign literature distribution is facially overbroad and violates the First Amendment, and that attorney's fees were properly awarded under 42 U.S.C. § 1988.
• The Upper Midwest Booksellers Ass'n v. City OF Minneapolis
  780 F.2d 1389· 8th Cir.· 1985-12-31 ·cited 17×
  The court held that the Minneapolis ordinance's provision regulating the display of sexually explicit material deemed harmful to minors is a permissible time, place, or manner restriction under the First Amendment, and that the unconstitutional exemption provision was properly se
• United States v. NEW Orleans Book Mart, Inc.
  490 F.2d 73· 5th Cir.· 1974-02-19 ·cited 17×
  Convictions for transporting obscene material interstate are affirmed, as the materials fall within the legal parameters of obscenity under both prior and subsequent standards.
• United States v. Featherston
  461 F.2d 1119· 5th Cir.· 1972-05-25 ·cited 17×
• LeFLORE v. Robinson
  434 F.2d 933· 5th Cir.· 1970-11-12 ·cited 17×·via Facial Overbreadth Doctrine
  The court held that certain Mobile ordinances were facially unconstitutional due to vagueness and overbreadth, violating First Amendment rights, and that abstention was inappropriate.
• Barr v. State
  731 So. 2d 126· Fla. 4th DCA· 1999-04-21 ·cited 16×
  Two chiropractors challenged Florida's statute prohibiting solicitation of motor vehicle accident victims for insurance claims as unconstitutionally overbroad, vague, and violative of due process and equal protection. The court upheld the statute as a valid restriction on commerc
• State v. Tirohn
  556 So. 2d 447· Fla. 5th DCA· 1990-01-25 ·cited 16×
  The State appealed the trial court's dismissal of charges against Tirohn for possessing child sexual abuse material, based on the trial court's finding that the statutory definition of 'sexual conduct' was unconstitutionally overbroad. The appellate court reversed, holding that t
• United States v. Morison
  844 F.2d 1057· 4th Cir.· 1988-04-01 ·cited 16×·via Constitutional Overbreadth
  The court holds that the Espionage Act statutes can be constitutionally applied to press leakers when jury instructions sufficiently flesh out the "relating to the national defense" element.
• Tollis Inc. v. SAN Bernardino Cnty.
  827 F.2d 1329· 9th Cir.· 1987-09-14 ·cited 16×
  The court affirmed the district court's injunction, holding that the ordinance, as interpreted by the County to include any theater showing an adult movie even once, was not narrowly tailored to serve a substantial government interest.
• Schultz v. Frisby
  807 F.2d 1339· 7th Cir.· 1986-12-08 ·cited 16×
  The dissenting judge argues that the town's ordinance prohibiting residential picketing is a valid content-neutral time, place, and manner regulation that balances the right to privacy against free speech rights.
• Finzer v. Barry
  798 F.2d 1450· D.C. Cir.· 1986-08-19 ·cited 16×
  The dissent argues that the statute's ban on demonstrations that hold foreign governments up to public odium or disrepute violates the First Amendment because the asserted interest in preserving embassy 'dignity' is not a compelling interest sufficient to override free speech rig