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

• State v. Catalano
  60 So. 3d 1139· Fla. 2d DCA· 2011-05-11 ·cited 13×·via Overbreadth Challenge
  The Florida Second District Court of Appeal denied the State's petition for certiorari challenging a circuit court's decision that section 316.3045, which restricts car stereo volume on public streets, is unconstitutional. The court held the statute is both facially vague under t
• State v. Stepansky
  761 So. 2d 1027· Fla.· 2000-04-20 ·cited 13×
  Florida's Supreme Court upheld the constitutionality of section 910.006(3)(d), which grants Florida jurisdiction to prosecute crimes committed on cruise ships outside state territorial waters when a majority of paying passengers embarked and plan to disembark in Florida. The Cour
• State v. Fleming
  606 So. 2d 1229· Fla. 1st DCA· 1992-10-14 ·cited 13×
  The State appeals two orders dismissing charges against Fleming, a state correctional institution cook, for violating Florida's contraband statute by allegedly removing currency from and introducing a weapon into the facility. The appellate court reverses, holding that the statut
• State v. Olson
  586 So. 2d 1239· Fla. 1st DCA· 1991-09-20 ·cited 13×
  The Florida Court of Appeal reversed a trial court's dismissal of charges against a newspaper reporter for receiving an unauthorized written note from a jail inmate, holding that Florida Statute § 951.22's prohibition on receiving written communications from inmates is constituti
• Lubavitch Chabad House v. City OF Chicago
  917 F.2d 341· 7th Cir.· 1990-11-06 ·cited 13×
  The court held that the City of Chicago's refusal to allow Lubavitch to display a freestanding menorah at O'Hare Airport did not violate the Equal Protection Clause, nor were the City's regulations unconstitutionally overbroad.
• State v. Dodd
  561 So. 2d 263· Fla.· 1990-05-08 ·cited 13×
  The Florida Supreme Court struck down a statute prohibiting candidates for statewide and legislative office from accepting or soliciting campaign contributions during legislative sessions, finding it violated First Amendment free speech and associational rights. The Court held th
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  802 F.2d 691· 4th Cir.· 1986-09-30 ·cited 13×
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and infringing on First Amendment rights, but reversed the denial of attorneys' fees for the prevailing plaintiffs against the Comm
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Watts v. State
  463 So. 2d 205· Fla.· 1985-01-24 ·cited 13×
  The Florida Supreme Court affirmed the constitutionality of Florida's loitering and prowling statute, section 856.021, finding it sufficiently distinct from a vagueness-challenged California statute. The court held that the Florida statute, as previously interpreted, requires pro
• del Percio v. The City OF Daytona Beach
  449 So. 2d 323· Fla. 5th DCA· 1984-03-29 ·cited 13×
  The Florida District Court of Appeal reversed convictions under a Daytona Beach ordinance prohibiting exposure of female breasts below the areola in establishments serving alcohol, finding the ordinance unconstitutionally vague and overbroad because lower courts had interpreted i
• Richman v. Shevin
  354 So. 2d 1200· Fla.· 1977-12-22 ·cited 13×
  The Florida Supreme Court upheld the constitutionality of campaign finance contribution limits as applied to the Dade County Judicial Trust Fund, holding that the fund qualifies as a 'political committee' under state election law and is subject to the $1,000 contribution ceiling
• United States v. Fleury
  20 F.4th 1353· 11th Cir.· 2021-12-16 ·cited 12×
  Brandon Fleury was convicted of transmitting interstate threats and cyberstalking after he sent harassing messages on Instagram to three families who lost loved ones in the Parkland school shooting, posing as notorious serial killers and threatening kidnapping and murder. The Ele
• Senger v. State
  200 So. 3d 137· Fla. 5th DCA· 2016-05-27 ·cited 12×
  Ramon David Senger was convicted of using a computer to solicit a parent for sex with a minor and traveling to meet such a minor. The Florida Fifth District Court of Appeal affirmed his conviction for traveling after solicitation but reversed his conviction for solicitation under
• State v. Globe Commc'ns Corp.
  622 So. 2d 1066· Fla. 4th DCA· 1993-08-04 ·cited 12×
  Florida's statute criminalizing the publication of sexual assault victims' names in mass media violates the First Amendment and Florida Constitution's free speech protections. The court held that section 794.03 is unconstitutionally overbroad, underinclusive, and operates as an i
• Buckley v. Ill. Jud. Inquiry Bd.
  997 F.2d 224· 7th Cir.· 1993-06-10 ·cited 12×
  Illinois Supreme Court Rule 67(B)(1)(c), which broadly restricts speech by judicial candidates, violates the U.S. Constitution.
• State v. Hoyt
  609 So. 2d 744· Fla. 1st DCA· 1992-12-07 ·cited 12×·via Statutory Overbreadth
  Florida appealed three orders from Clay County Court that struck down Florida Statute § 370.11(3) as unconstitutionally vague and overbroad. The statute regulated shad fishing, including prohibiting fishing between Saturday sundown and Monday sunrise. The First District Court of
• United States v. Johnson
  952 F.2d 565· 1st Cir.· 1991-12-19 ·cited 12×
  The court affirmed the convictions and sentences, holding that the FISA surveillance was lawful, the prosecution's opening statement and admitted evidence were not unfairly prejudicial, and the indictment and evidence for Count Three were sufficient. The court also rejected the F
• In re Grand Jury Subpoenas Dated December 10 v. United States
  926 F.2d 847· 9th Cir.· 1991-02-15 ·cited 12×
  The court held that the district court did not err in partially denying motions to quash grand jury subpoenas and for the return of property seized, affirming the issuance of warrants and subpoenas under the circumstances.
• State v. Freund
  561 So. 2d 305· Fla. 3d DCA· 1990-02-13 ·cited 12×
  The court held that the circuit court lacked jurisdiction to hear an appeal of a county court ruling declaring a state statute unconstitutional, and that the statute prohibiting possession of alcohol by persons under 21 is not unconstitutionally vague or overbroad as applied to t
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n & The United States
  837 F.2d 546· 2d Cir.· 1988-01-15 ·cited 12×
  The court held that the FCC's regulations establishing defenses to prosecution under section 223(b) for dial-a-porn services, including access codes and scrambling, are a feasible and effective method for restricting minors' access to obscene telephone messages without unreasonab
• Carlin Commc'ns, Inc. v. The Mountain States Tel. & Tel. Co.
  827 F.2d 1291· 9th Cir.· 1987-09-14 ·cited 12×
  The dissenting judge would affirm the district court's injunction, finding that the telephone company's "new" policy was also imbued with state action.
• Britton v. S. Bend Cmty. Sch. Corp.
  819 F.2d 766· 7th Cir.· 1987-05-18 ·cited 12×
  The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
• J.H. Pritchard v. JAX Liquors, Inc.
  499 So. 2d 926· Fla. 1st DCA· 1986-12-24 ·cited 12×
  Pritchard appealed the dismissal of his negligence action against Jax Liquors under Florida's dram shop statute (§ 768.125). The court reversed, holding that the civil statute does not incorporate the written notice requirement from the separate criminal statute (§ 562.50) and th
• State v. Hilton
  498 So. 2d 698· Fla. 5th DCA· 1986-12-18 ·cited 12×·via Unconstitutional Overbreadth
  Florida appealed a trial court's order suppressing blood test evidence obtained from a DUI suspect, arguing that Florida Statute 316.1932(1)(c) is constitutional. The appellate court held that while the statute lacks an express reasonable cause requirement for blood tests, such a
• Robinson v. State OF NEW Jersey
  806 F.2d 442· 3d Cir.· 1986-11-28 ·cited 12×
  The New Jersey Employer-Employee Relations Act's representation fee provisions are not facially unconstitutional, and the district court did not abuse its discretion in abstaining from deciding as-applied claims and in upholding the appeal board's composition.
• Glen Theatre, Inc. v. Linley E. Pearson
  802 F.2d 287· 7th Cir.· 1986-09-30 ·cited 12×
  The court held that the Indiana Supreme Court's interpretation of the public nudity statute, which allows nudity when coupled with expressive activity, is binding precedent affirmed by the Supreme Court, and thus the statute is not facially overbroad.
• The United States v. Bjerke
  796 F.2d 643· 3d Cir.· 1986-07-10 ·cited 12×
  The court held that the sidewalks outside suburban post offices, separated by parking lots, are not traditional public fora and thus can be subject to reasonable restrictions on speech.
• Abdullah v. Gatto
  773 F.2d 487· 2d Cir.· 1985-10-04 ·cited 12×
  The court held that while a district court can enjoin frivolous filings, the injunction was overbroad and should be modified to require leave of court before filing.
• Vance Murphy v. The Honorable Scott Matheson
  742 F.2d 564· 10th Cir.· 1984-08-22 ·cited 12×
  The court held that the Utah Drug Paraphernalia Act is not unconstitutionally overbroad as applied to commercial speech and that its vagueness challenge fails due to a scienter requirement and clear statutory factors. However, certain enforcement factors may be unconstitutionally
• Camille Corp. v. Phares
  705 F.2d 223· 7th Cir.· 1983-04-13 ·cited 12×
  The court held that the East Moline drug paraphernalia ordinance is constitutional, rejecting claims of First Amendment, Equal Protection, Commerce Clause, and Due Process violations.
• Lamar Outdoor Advertising, Inc. v. Miss. State TAX Comm'n
  701 F.2d 314· 5th Cir.· 1983-03-11 ·cited 12×
  Mississippi's near-total ban on liquor advertising by intrastate media is an unconstitutional abridgment of commercial speech rights, as the advertising does not propose an illegal transaction and the ban is not narrowly tailored to address misleading information or promote illeg
• Kan. Retail Trade Coop. v. Stephan
  695 F.2d 1343· 10th Cir.· 1982-12-15 ·cited 12×
  The court held that the Kansas drug paraphernalia statute, H.B. 2020, is not unconstitutionally vague or overbroad, particularly due to its intent requirements, and that the overbreadth doctrine does not apply to commercial speech challenges to the advertising section.
• Julianna McKENNA and Alice Brown v. Peekskill Hous. Auth.
  647 F.2d 332· 2d Cir.· 1981-04-22 ·cited 12×
  The court held that the housing authority's rule requiring registration and permission for overnight guests infringed tenants' constitutional rights of association and privacy, and that the damage claims were not moot despite the rule's rescission.
• Garden State BAR Ass'n & the N.J. Ass'n of Black Women Lawyers v. Middlesex Cnty. Ethics Comm.
  643 F.2d 119· 3d Cir.· 1981-02-24 ·cited 12×
  The court held that federal courts should abstain from interfering with state attorney disciplinary proceedings under Younger v. Harris, as these proceedings are judicial in nature and offer an adequate forum for constitutional claims.
• Bread Political Action Comm. v. The Fed. Election Comm'n
  635 F.2d 621· 7th Cir.· 1980-12-05 ·cited 12×
  The court held that 2 U.S.C. § 441b(b)(4)(D) does not impermissibly infringe plaintiffs' First Amendment right of assembly or violate the Fifth Amendment's due process clause, nor is the term 'solicitation' unconstitutionally vague.
• Davis v. Williams
  617 F.2d 1100· 5th Cir.· 1980-05-19 ·cited 12×
  The court held that a municipal ordinance prohibiting conduct "prejudicial to good order" was facially overbroad and vague, violating the First Amendment rights of municipal employees.
• United States v. SKY
  547 F.2d 486· 9th Cir.· 1976-12-21 ·cited 12×
  The court held that the commercial sale of golden eagles and their parts by an Indian is not protected by the Fort Bridger Treaty's hunting rights and is therefore subject to the Bald Eagle Protection Act.
• Walker v. The Hon. George B. Dillard
  523 F.2d 3· 4th Cir.· 1975-07-10 ·cited 12×
  The court held that the Virginia statute is facially overbroad and cannot be enforced as written because it infringes upon constitutionally protected speech.
• Arline Nitzberg v. Parks
  525 F.2d 378· 4th Cir.· 1975-04-14 ·cited 12×
• Jones v. State
  293 So. 2d 33· Fla.· 1974-04-10 ·cited 12×
  George Jones challenged the constitutionality of Florida's indecent language statute (F.S. § 847.05) as overbroad after his arrest for using profanity. The Florida Supreme Court affirmed the statute's constitutionality, holding that it provides fair warning to persons of common u
• Parker H. Word v. Poelker
  495 F.2d 1349· 8th Cir.· 1974-02-20 ·cited 12×
  The court held that the St. Louis city ordinance regulating abortion clinics is unconstitutional because it is an invalid and overbroad enactment that infringes upon fundamental rights and imposes stringent requirements not legitimately related to recognized state interests.
• MOW SUN Wong v. Hampton
  500 F.2d 1031· 9th Cir.· 1974-01-25 ·cited 12×
  The court held that the Civil Service Commission's blanket exclusion of resident aliens from federal competitive civil service positions violates the Due Process Clause of the Fifth Amendment because it is an unjustifiable discrimination lacking a compelling government interest.
• Blasecki v. City OF Durham
  456 F.2d 87· 4th Cir.· 1972-03-02 ·cited 12×
  A city ordinance limiting public assembly in a congested downtown park to 50 people is constitutional, as the city has a compelling interest in public safety and order, and the limitation is reasonably necessary.
• Halvonik v. Reagan
  457 F.2d 311· 9th Cir.· 1972-02-09 ·cited 12×
  The court held that the case was rendered moot because the challenged regulations were rescinded and the extreme circumstances that led to their promulgation were unlikely to recur.
• City OF Miami v. Sterbenz
  203 So. 2d 4· Fla.· 1967-10-11 ·cited 12×
  The court held that the challenged provisions of the City of Miami charter and ordinance were void for vagueness and ambiguity, violating free speech rights.
• Brown v. United States
  334 F.2d 488· 9th Cir.· 1964-06-19 ·cited 12×
  The statute is constitutional and the executive board was within its meaning.
• Bostic v. State
  902 So. 2d 225· Fla. 5th DCA· 2005-05-13 ·cited 11×
  A firearm is exempt from Florida's felon firearm-possession statute only if it is either manufactured before or in 1918, or is a reasonably exact replica thereof. Merely possessing a similar ignition system does not render a weapon a replica of an antique firearm, and the term 'r
• Chandler v. State
  744 So. 2d 1058· Fla. 4th DCA· 1999-09-17 ·cited 11×
  Donna Chandler was convicted of disorderly conduct for screaming and struggling during her sister's arrest. The court reversed and remanded for a new trial, holding that the trial court erred in refusing to allow First Amendment jury instructions and voir dire questioning, as wor
• Kreimer v. Bureau OF Police FOR the Town OF Morristown
  958 F.2d 1242· 3d Cir.· 1992-03-23 ·cited 11×
  The court held that the library's rules were reasonable manner restrictions on patrons' constitutional right to receive information and did not violate the First or Fourteenth Amendments.
• Geaneas v. Willets
  911 F.2d 579· 11th Cir.· 1990-09-10 ·cited 11×
  The court held that the Daytona Beach ordinance regulating nudity in establishments serving alcohol is a valid exercise of the city's powers under the Twenty-first Amendment and that the plaintiffs' claims of overbreadth, vagueness, and selective enforcement lack merit.