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

• Hill v. The City OF Houston
  789 F.2d 1103· 5th Cir.· 1986-05-14 ·cited 16×
  The court held that the ordinance is facially and substantially overbroad, violating the First Amendment's guarantee of free speech, and thus is unconstitutional.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  787 F.2d 846· 2d Cir.· 1986-04-11 ·cited 16×
  The FCC's access code regulation is arbitrary and capricious as applied to New York Telephone Company's one-way mass announcement service system, rendering it infeasible and unconstitutional for providers on that system.
• In re Petition for Naturalization of Charles Peter Duncan. Charles Peter Duncan v. United States
  713 F.2d 538· 9th Cir.· 1983-08-19 ·cited 16×
  The court held that the doctrine of issue preclusion barred the relitigation of constitutional issues decided in a prior naturalization proceeding, even when fundamental rights are involved.
• Stoianoff v. State OF Mont.
  695 F.2d 1214· 9th Cir.· 1983-01-07 ·cited 16×
  The court held that the plaintiff lacked standing to challenge the advertising prohibition of the Montana Drug Paraphernalia statute, and affirmed the district court's decision on other portions of the statute.
• Brache v. Cnty. OF Westchester
  658 F.2d 47· 2d Cir.· 1981-08-18 ·cited 16×
  A district court should not adjudicate the constitutionality of an ordinance as applied to conduct for which a plaintiff has no standing, even if the plaintiff has standing to challenge the ordinance as applied to other conduct.
• Hickory Fire Fighters Ass'n v. The City OF Hickory
  656 F.2d 917· 4th Cir.· 1981-08-03 ·cited 16×
  The court held that the city's restrictions on the firefighters' association's speech at council meetings and the picketing ordinance may violate the First Amendment, and remanded for further factual determination.
• State v. Cumming
  365 So. 2d 153· Fla.· 1978-11-22 ·cited 16×
  Florida's supreme court upheld a statute regulating possession of dangerous wildlife (ocelots) as constitutionally sufficient on its face, but invalidated its application by striking down the implementing administrative rules as unconstitutionally vague regarding permit issuance
• Pruitt v. State
  363 So. 2d 552· Fla.· 1978-09-28 ·cited 16×
  Ronald Pruitt appeals the trial court's denial of his motion to dismiss charges of battery on a firefighter under Florida Statute § 784.07, which imposes enhanced penalties for battery on law enforcement officers and firefighters. The Florida Supreme Court upheld the statute agai
• United States v. Albanese
  554 F.2d 543· 2d Cir.· 1977-05-04 ·cited 16×
  The court held that a probation condition prohibiting association with 'law-abiding persons' was not unconstitutionally vague or overbroad as applied to the appellant's conduct. The court also held that the later sentence was not illegal, but modified it to limit the post-release
• Powell v. Stone
  507 F.2d 93· 9th Cir.· 1974-12-04 ·cited 16×
  The court held that evidence obtained from an arrest under an unconstitutional vagrancy ordinance must be excluded, and its admission in a murder trial was not harmless error.
• Lecci v. Cahn
  493 F.2d 826· 2d Cir.· 1974-02-25 ·cited 16×
  The court held that the federal district court lacked jurisdiction to issue a declaratory judgment because the action was moot and the plaintiff lacked standing, and because the plaintiff had elected to forgo federal review by litigating in state court.
• Honey v. Goodman
  432 F.2d 333· 6th Cir.· 1970-10-09 ·cited 16×
  The dissenting judge believes that § 1983 is not an exception to the prohibition in § 2283 against federal courts enjoining state proceedings.
• Guyot v. Pierce
  372 F.2d 658· 5th Cir.· 1967-02-14 ·cited 16×
  The court held that Section 135 of the Uniform Traffic Regulation Code of the City of Jackson, Mississippi, is unconstitutionally void on its face due to vagueness and overbreadth.
• AJ O'Laughlin v. Palm Beach Cnty.
  30 F.4th 1045· 11th Cir.· 2022-04-01 ·cited 15×
  The court held that the plaintiffs' speech, alleging corruption within the union and fire department, addressed a matter of public concern, and that the Social Media Policy was unconstitutionally overbroad on its face. However, the court affirmed the dismissal of the free associa
• Gosman v. Luzinski
  937 So. 2d 293· Fla. 4th DCA· 2006-09-20 ·cited 15×
  A bankruptcy trustee sought to compel production of documents from the debtor's wife, claiming she waived attorney-client privilege by failing to file a privilege log. The court granted certiorari review, holding that the wife did not waive privilege because she properly objected
• Simmons v. State
  886 So. 2d 399· Fla. 1st DCA· 2004-11-15 ·cited 15×
  Michael John Simmons appealed his convictions under Florida Statutes sections 847.0135 and 847.0138, which criminalize luring minors online and transmitting harmful material to minors via electronic mail. The Florida First District Court of Appeal upheld the convictions, rejectin
• Rodriguez v. State
  906 So. 2d 1082· Fla. 3d DCA· 2004-01-21 ·cited 15×
  Alberto Rodriguez was convicted of resisting arrest, fleeing police, unlawful display of law enforcement indicia, and reckless driving after a high-speed motorcycle chase. The appellate court reversed his conviction for unlawfully displaying a "POLICE" shirt, finding the statute
• State v. O.C.
  748 So. 2d 945· Fla.· 1999-09-16 ·cited 15×
  The Florida Supreme Court affirmed a Fifth District decision invalidating section 874.04, Florida's Criminal Street Gang Prevention Act, as unconstitutional. The statute allowed enhanced criminal penalties based solely on gang membership without requiring any nexus between the un
• Hershey v. City OF Clearwater
  834 F.2d 937· 11th Cir.· 1987-12-21 ·cited 15×
  The court held that the ordinance prohibiting lodging in vehicles in public areas, after severing the 'or sleep' provision, was constitutional and that probable cause existed for the arrest.
• Beaudett v. City OF Hampton
  775 F.2d 1274· 4th Cir.· 1985-11-04 ·cited 15×·via Statutory Overbreadth
  The court held that a pro se litigant's vague references to potential claims do not obligate the district court to address issues not fairly presented, and affirmed the dismissal of the action.
• Cruz v. Ferre
  755 F.2d 1415· 11th Cir.· 1985-03-22 ·cited 15×
  The court held that the Miami ordinance regulating indecent material on cable television was unconstitutionally overbroad under the First Amendment and its enforcement procedures violated due process.
• Hardage v. City OF Jacksonville Beach
  399 So. 2d 1077· Fla. 1st DCA· 1981-06-19 ·cited 15×
  The court held that the city ordinance banning Sunday liquor sales, with exceptions, was constitutional and that the appellant lacked standing to challenge a portion of the ordinance.
• Gilmore v. City OF Montgomery
  473 F.2d 832· 5th Cir.· 1973-02-09 ·cited 15×
  The court held that while enjoining exclusive use of public recreational facilities by racially segregated private schools is permissible to further desegregation, enjoining non-exclusive use by such students or by non-school discriminatory organizations is overbroad.
• Autonation, Inc. v. O'Brien
  347 F. Supp. 2d 1299· S.D. Fla.· 2004-12-02 ·cited 14×
  The court granted AutoNation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding the non-compete agreement.
• Halifax Hosp. Med. Ctr. v. News-Journal Corp.
  724 So. 2d 567· Fla.· 1999-01-21 ·cited 14×
  Halifax Hospital Medical Center challenged a Florida statute exempting public hospital board meetings discussing strategic plans from public disclosure requirements. The Florida Supreme Court held that the statutory exemption was facially unconstitutional because it was overbroad
• Allstate Ins. Co. v. Boecher
  705 So. 2d 106· Fla. 4th DCA· 1998-01-21 ·cited 14×
  Allstate Insurance sought review of an order requiring it to produce discovery regarding its use of an expert witness in an uninsured motorist claim. The Fourth District held that recent rule amendments limiting expert discovery do not apply to discovery from parties themselves,
• State v. DE LA Llana
  693 So. 2d 1075· Fla. 2d DCA· 1997-05-16 ·cited 14×·via Statutory Overbreadth
  Florida appeals a county court's dismissal of a criminal charge under Fla. Stat. § 893.13(7)(a)5, which prohibits keeping or maintaining a place where controlled substances are used or sold. The appellate court reverses, holding the statute is facially constitutional and not impe
• Easy WAY OF LEE Cnty., Inc. v. LEE Cnty.
  674 So. 2d 863· Fla. 2d DCA· 1996-05-24 ·cited 14×
  The court partially reversed a summary judgment upholding Lee County's Noise Control Ordinance, finding the "plainly audible" standard and its measurement provisions unconstitutionally overbroad and vague as applied to free speech, while affirming the remainder of the ordinance a
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• United States v. Pinelli
  890 F.2d 1461· 10th Cir.· 1989-06-09 ·cited 14×
  The court reaffirmed its prior decision, holding that 18 U.S.C. § 1955 is not unconstitutionally vague and that the evidence was sufficient to support the convictions of the appellants.
• Ripplinger v. Collins
  868 F.2d 1043· 9th Cir.· 1989-02-24 ·cited 14×
  The court held that the Arizona obscenity statute's definition of 'appeal to the prurient interest' is constitutional, as it focuses on the material's capacity to appeal to a shameful or morbid interest, not on whether it actually arouses the average person. The cable television
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×·via Unconstitutional Overbreadth
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• 511 Detroit St., Inc. v. Kelley
  807 F.2d 1293· 6th Cir.· 1986-12-17 ·cited 14×
  The Sixth Circuit reversed the district court's finding that Michigan's anti-obscenity law (Section 5) was unconstitutionally vague or overbroad, and remanded the case.
• Int'l Olympic Comm. v. SAN Francisco Arts & Athletics
  781 F.2d 733· 9th Cir.· 1986-01-27 ·cited 14×
  The court affirmed the summary judgment and permanent injunction but reversed and remanded the award of attorneys' fees, finding that the Amateur Sports Act does not require confusion for a violation and that the award of fees requires further determination of exceptional circums
• Chase v. Davelaar
  645 F.2d 735· 9th Cir.· 1981-05-18 ·cited 14×
  A county resolution prohibiting topless entertainment in non-theatrical establishments is unconstitutionally overbroad on its face because it bans protected expression and is not narrowly tailored to serve the county's interests.
• Trushin v. State
  384 So. 2d 668· Fla. 3d DCA· 1980-05-20 ·cited 14×
  Theodore Trushin, a lawyer, was convicted of violating Florida Statute § 104.061(2) by offering to prepare a free will for apartment residents in exchange for pledging their votes to two judicial candidates. The Florida appellate court affirmed his conviction, holding that the st
• Turner Street and David Street v. State
  383 So. 2d 900· Fla.· 1980-03-20 ·cited 14×
  Turner Street and David Street appealed their convictions for battery upon a law enforcement officer under Florida Statute Section 784.07. The Florida Supreme Court affirmed their convictions, rejecting constitutional challenges to the statute based on equal protection, vagueness
• State v. Shallan M. Shamrani
  370 So. 2d 1· Fla.· 1979-03-08 ·cited 14×
  The court held that section 827.04(3), Florida Statutes (1977), is constitutional as construed, requiring that proscribed acts be performed under circumstances a person of common understanding would know would cause or contribute to delinquency.
• Zuppardi v. State
  367 So. 2d 601· Fla.· 1978-10-26 ·cited 14×·via Overbreadth Challenge
  Appellants challenged the constitutionality of Florida's bookmaking statute as vague and overbroad, and challenged wiretap authorization and consent procedures used in their gambling investigation. The Florida Supreme Court upheld the statute's constitutionality and affirmed the
• Faust v. State
  354 So. 2d 866· Fla.· 1978-01-12 ·cited 14×
  Ernest Faust was charged with aggravated child abuse under Florida Statute § 827.03 and challenged the statute as unconstitutionally vague and overbroad. The Florida Supreme Court affirmed the trial court's denial of the motion to dismiss, holding that the statute provides suffic
• Allen v. Cnty. Court
  568 F.2d 998· 2d Cir.· 1977-11-29 ·cited 14×
  The court affirms the district court's judgment, but the concurring opinion argues for affirming on the ground that the statute is unconstitutional as applied, not on its face.
• Magill v. Lynch
  560 F.2d 22· 1st Cir.· 1977-07-25 ·cited 14×
  A city may constitutionally restrict its employees' participation in nominally nonpartisan elections if political parties play a significant role in those campaigns.
• State v. Sawyer
  346 So. 2d 1071· Fla. 3d DCA· 1977-06-07 ·cited 14×·via Facial Overbreadth Doctrine
  Florida's state prosecutor sought to overturn a circuit court's reversal of a conviction under Dade County's loitering ordinance, which prohibited knowingly loitering with persons possessing or using narcotics. The court held the ordinance constitutional, rejecting the circuit co
• In re the Adoption OF Proposed Local Rule 17 OF the Crim. Div. OF the Cir. Court OF the Eleventh Jud. Cir. of Fla.
  339 So. 2d 181· Fla.· 1976-10-21 ·cited 14×
  The Florida Supreme Court rejected a proposed local rule that would have banned all broadcasting, televising, recording, and photography on floors of a courthouse where criminal proceedings are conducted. The Court found the rule violated the First Amendment by imposing an absolu
• State v. Balint Papp
  298 So. 2d 374· Fla.· 1974-06-12 ·cited 14×
  The court held that Florida Statute Section 847.011(1)(a) provides sufficient notice and is constitutional when the word 'immoral' is eliminated.
• Veterans & Reservists for Peace in Vietnam v. Reg'l Comm'r OF Customs
  459 F.2d 676· 3d Cir.· 1972-05-04 ·cited 14×
  The court held that the Trading with the Enemy Act and its implementing regulations are constitutional, both facially and as applied in this case, because the government has a compelling interest in regulating transactions to prevent economic benefit to enemy countries, and the l
• LeFLORE v. Robinson
  446 F.2d 715· 5th Cir.· 1971-06-25 ·cited 14×·via Facial Overbreadth Doctrine
  The court vacated its original opinion and remanded for reconsideration in light of recent Supreme Court decisions regarding federal interference with state prosecutions.
• Riseman v. Sch. Comm. OF the City OF Quincy
  439 F.2d 148· 1st Cir.· 1971-03-11 ·cited 14×
  The court held that the school's regulation, as applied to student political speech, was unconstitutional.
• United States v. Karnes
  437 F.2d 284· 9th Cir.· 1971-01-22 ·cited 14×
  The court held that the statute prohibiting dishonorably discharged veterans from possessing firearms is constitutional, as it has a rational basis and does not violate Due Process, the Bill of Attainder clause, or the Ex Post Facto prohibition.
• United States v. Jones
  365 F.2d 675· 2d Cir.· 1966-08-04 ·cited 14×
  The court held that New York Penal Law § 722(2), as construed by the New York Court of Appeals, is not unconstitutionally overbroad or vague and that the evidence was sufficient to sustain the disorderly conduct convictions.