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

• The Int'l Soc'y FOR Krishna Consciousness OF NEW Orleans, Inc. v. City OF Baton Rouge & Parish of E. Baton Rouge
  876 F.2d 494· 5th Cir.· 1989-07-05 ·cited 11×
  The court held that the city-parish ordinance prohibiting solicitation from vehicle occupants on roadways is a constitutional, content-neutral regulation narrowly tailored to serve a significant government interest in traffic safety and flow.
• Tex. State Teachers Ass'n v. Garland Indep. Sch. Dist.
  837 F.2d 190· 5th Cir.· 1988-02-08 ·cited 11×
  Appellants were not eligible for attorney's fees under 42 U.S.C. § 1988 because they did not prevail on the central issue of their lawsuit, despite achieving partial success.
• Cispes (Committee IN Solidarity With the People of EL Salvador) v. Fed. Bureau OF Investigation
  770 F.2d 468· 5th Cir.· 1985-09-09 ·cited 11×
  The court held that the statute protecting foreign officials is constitutional, neither vague nor overbroad, and affirmed the district court's dismissal of all claims.
• Rush v. Obledo
  756 F.2d 713· 9th Cir.· 1985-03-28 ·cited 11×
  Warrantless inspections of family day care homes are permissible under the 'pervasively regulated business' exception to the Fourth Amendment, provided the statutes and regulations sufficiently limit the scope and timing of such inspections.
• Fillingim v. State
  446 So. 2d 1099· Fla. 1st DCA· 1984-02-08 ·cited 11×
  Petitioners challenged the constitutionality of Leon County Ordinance No. 82-32, which prohibits nude or semi-nude entertainment in establishments where alcoholic beverages are sold. The Florida District Court of Appeal upheld the ordinance as a valid exercise of the county's pol
• Wurtz v. Risley
  719 F.2d 1438· 9th Cir.· 1983-11-08 ·cited 11×·via Facial Overbreadth Doctrine
  The Montana intimidation statute is unconstitutionally overbroad on its face because it sweeps too broadly into protected speech, chilling legitimate expression.
• Moncrief v. State
  415 So. 2d 785· Fla. 1st DCA· 1982-06-08 ·cited 11×
  A licensed bail bondsman appeals an administrative order imposing penalties for three alleged violations: hiring an unlicensed bail bond runner, altering a jail card, and failing to maintain normal business hours. The court affirmed the first count but reversed the second and thi
• Dallas Ass'n OF Cmty. Orgs. FOR Reform NOW v. Dallas Cnty. Hosp. Dist.
  670 F.2d 629· 5th Cir.· 1982-03-19 ·cited 11×
  A hospital's blanket "no solicitation" rule is unconstitutional because it is vague, overbroad, and delegates unfettered discretion to administrators, violating First Amendment protections for free speech.
• Wilkerson v. State
  401 So. 2d 1110· Fla.· 1981-07-16 ·cited 11×
  Florida's animal cruelty statute is not unconstitutionally vague as to the terms "animal" and "unnecessarily," and the defendant lacks standing to challenge it on overbreadth grounds when his own conduct clearly violates the statute.
• Proctor v. City OF Coral Springs
  396 So. 2d 771· Fla. 4th DCA· 1981-03-25 ·cited 11×
  Proctor appeals his citation for violating Coral Springs Ordinance 18-5, which prohibited parking commercial vehicles in residential areas between 9 p.m. and 6 a.m. The court held that the ordinance, though facially valid to regulate aesthetic concerns, is unconstitutional as app
• DeSantis v. Dream Defenders
  389 So. 3d 413· Fla.· 2024-06-20 ·cited 10×
  A person cannot be guilty of riot under section 870.01(2) unless the person engages in, or intends to assist others in engaging in, violent and disorderly conduct. To 'willfully participate' in a 'violent public disturbance,' a defendant must intentionally, knowingly, and purpose
• Dante Martin v. State
  207 So. 3d 310· Fla. 5th DCA· 2016-11-18 ·cited 10×
  Dante Martin was convicted of manslaughter, felony hazing resulting in death, and two counts of misdemeanor hazing after Robert Champion died following a hazing ritual called "Crossing Bus C" at Florida A&M University. On appeal, Martin challenged the constitutionality of the haz
• Wollschlaeger v. Governor of the State OF Fla.
  797 F.3d 859· 11th Cir.· 2015-07-28 ·cited 10×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
• Wollschlaeger v. Governor OF the State of Fla.
  760 F.3d 1195· 11th Cir.· 2014-07-25 ·cited 10×·via Overbreadth Challenge
  Florida's Firearm Owners Privacy Act restricts physicians from inquiring about or recording patients' firearm ownership when not relevant to medical care, and prohibits discrimination and harassment based on firearm ownership. Physicians and medical organizations challenged the A
• Ala. Educ. Ass'n v. State Superintendent OF Educ.
  746 F.3d 1135· 11th Cir.· 2014-02-05 ·cited 10×
  The Alabama Supreme Court held that the phrase "or otherwise" in Act No. 2010-761, which regulates salary deductions for payments to political organizations, is limited to state-facilitated payment mechanisms similar to salary deductions, not all private payment methods. The Cour
• Siplin v. State
  972 So. 2d 982· Fla. 5th DCA· 2007-12-28 ·cited 10×·via Overbreadth Challenge
  Gary Siplin appeals convictions for grand theft and misdemeanor violation of a campaign finance statute. The court reverses the grand theft conviction for insufficient evidence and reverses the misdemeanor conviction due to a missing mens rea jury instruction, though the misdemea
• State v. Tremmel
  644 So. 2d 102· Fla. 2d DCA· 1994-09-23 ·cited 10×·via Overbreadth Challenge
• Cafe 207, Inc. v. St. Johns Cnty.
  856 F. Supp. 641· M.D. Fla.· 1994-06-23 ·cited 10×
  The St. Johns County Public Nudity Ordinance is constitutional and does not violate the First or Fourteenth Amendments.
• United States v. Medlin
  986 F.2d 463· 11th Cir.· 1993-03-22 ·cited 10×
  The IRS issued a summons to Walter Medlin, as custodian of records for multiple corporations, seeking documents relating to those entities. Medlin challenged the summons as overbroad and argued that compliance would violate his Fifth Amendment privilege against self-incrimination
• Dobbins v. State
  605 So. 2d 922· Fla. 5th DCA· 1992-09-24 ·cited 10×
  Michael Dobbins was convicted of battery and sentenced under Florida's hate crime enhancement statute for beating John Daly, a Jewish youth, while making anti-Semitic statements. The Fifth District Court of Appeal upheld the conviction and rejected constitutional challenges to th
• Gregoire v. Centennial Sch. Dist. & White
  907 F.2d 1366· 3d Cir.· 1990-06-22 ·cited 10×
  The court should conclude that Centennial established a nonpublic forum, applying lowered scrutiny to Student Venture's exclusion. The exclusion of Student Venture from the auditorium is reasonable and not an effort to suppress expression.
• O'Connor v. The City & Cnty. OF Denver
  894 F.2d 1210· 10th Cir.· 1990-01-29 ·cited 10×
  The court held that the plaintiffs abandoned their claim regarding the revised code and thus lacked standing to challenge it, and that the First Amendment was not implicated by the closure of the theaters due to public indecency.
• United States v. Wolf
  890 F.2d 241· 10th Cir.· 1989-11-22 ·cited 10×
  The court held that 18 U.S.C. § 2251 is constitutional as applied to the photograph, and the term 'lascivious exhibition' does not require the child to exhibit lustful intent.
• United States v. 57
  869 F.2d 955· 6th Cir.· 1989-03-14 ·cited 10×
  The court held that the drug paraphernalia statute is constitutional and was properly applied, and that civil forfeiture under customs law is an available remedy alongside criminal forfeiture. The court also held that the agents were entitled to qualified immunity.
• State v. Cohen
  545 So. 2d 894· Fla. 4th DCA· 1989-02-15 ·cited 10×
  Florida appealed the trial court's order granting defendant Cohen's motion to dismiss charges of witness tampering under Florida Statutes § 914.22(1)(a) and (3). The court affirmed, finding the statute unconstitutionally vague, overbroad, and placing an impermissible burden of pr
• United States v. Norbert E. Stelten
  867 F.2d 446· 8th Cir.· 1989-02-01 ·cited 10×
  The court held that the warrants were not sufficiently particular and the Leon good faith exception did not apply to the evidence seized.
• United States v. McLAUGHLIN
  851 F.2d 283· 9th Cir.· 1988-07-08 ·cited 10×
  The court held that MDMA convictions must be reversed because the DEA exceeded its authority in making MDMA illegal, but Bernauer's cocaine conviction is affirmed based on the good-faith exception to the exclusionary rule.
• Nash v. Delbert Chandler
  848 F.2d 567· 5th Cir.· 1988-06-30 ·cited 10×
  The court held that while the district court properly awarded attorney's fees to prevailing plaintiffs, the State of Texas, having intervened solely to defend a statute's constitutionality, cannot be held jointly and severally liable for those fees.
• Fillingim v. Boone
  835 F.2d 1389· 11th Cir.· 1988-01-22 ·cited 10×
  The court affirmed the district court's decision, holding that the Leon County ordinance prohibiting nude or semi-nude entertainment in establishments selling alcohol was constitutional.
• Acorn v. City OF Tulsa
  835 F.2d 735· 10th Cir.· 1987-12-15 ·cited 10×
  The court held that ordinances granting unfettered discretion to license expressive conduct or erect structures are facially unconstitutional, while an absolute ban on structures is facially constitutional. ACORN has standing and its challenge is ripe.
• Valiant-Bey v. Morris
  829 F.2d 1441· 8th Cir.· 1987-09-29 ·cited 10×
  The court held that the district court erred in dismissing claims that prison officials wrongfully confiscated a memorandum and discriminated in handling mail from a religious organization, but did not err in dismissing the overbreadth claim.
• Ozonoff v. Berzak
  744 F.2d 224· 1st Cir.· 1984-09-21 ·cited 10×
  The court held that Executive Order 10422, as applied to WHO job applicants, is unconstitutionally overbroad because its provisions regarding advocacy of revolution or sedition are vague and inhibit protected First Amendment speech.
• Worrell Newspapers OF Ind., Inc. v. Honorable John Westhafer
  739 F.2d 1219· 7th Cir.· 1984-07-16 ·cited 10×
  An Indiana statute making it a contempt offense to disclose the existence of a sealed criminal information before the defendant's arrest is facially unconstitutional as an infringement on the First Amendment's guarantee of a free press.
• State v. Bright
  451 So. 2d 880· Fla. 5th DCA· 1984-05-10 ·cited 10×
  The State appealed orders dismissing charges under Florida Statute section 817.563, which criminalizes selling a substance in place of a promised controlled substance. The Fifth District Court of Appeal reversed the trial court's finding that the statute was unconstitutionally ov
• Garner v. White
  726 F.2d 1274· 8th Cir.· 1984-01-25 ·cited 10×
  The court held that Arkansas Acts 78 and 946, regulating drug paraphernalia, are not unconstitutionally vague or overbroad, satisfying due process requirements.
• Welton v. Crispus NIX
  719 F.2d 969· 8th Cir.· 1983-10-31 ·cited 10×
  The court held that the Iowa courts' interpretation of the willful injury statute was not so unexpected or outlandish as to violate the Due Process Clause.
• The Gen. Stores, Inc. v. Bingaman
  695 F.2d 502· 10th Cir.· 1982-12-15 ·cited 10×
  The court held that the New Mexico Drug Paraphernalia Act is not unconstitutionally vague or overbroad and does not violate the First Amendment.
• MOW SUN Wong v. Campbell
  626 F.2d 739· 9th Cir.· 1980-09-02 ·cited 10×
  The court held that the President had the statutory authority to issue Executive Order No. 11935, barring aliens from most federal competitive civil service positions, and that the order did not violate the Fifth Amendment's due process clause.
• Smith v. Price
  616 F.2d 1371· 5th Cir.· 1980-05-16 ·cited 10×
  The court's holding, as assumed by the panel, was that the Constitution guarantees the right to commit adultery, which the concurring judge believes is erroneous.
• Olitsky v. O'Malley
  597 F.2d 295· 1st Cir.· 1979-04-18 ·cited 10×
  The court held that the mingling regulations, as narrowly construed by the Massachusetts Supreme Judicial Court, are constitutional and do not violate plaintiffs' First Amendment rights, and that the claim against the ABCC was not justiciable.
• C & C Plywood Corp. v. Hanson
  583 F.2d 421· 9th Cir.· 1978-10-03 ·cited 10×
  A state statute prohibiting corporations from paying or contributing to promote or defeat any ballot issue is an unconstitutional restriction of corporate First Amendment rights.
• United States v. Trudell
  563 F.2d 889· 8th Cir.· 1977-10-12 ·cited 10×
  The court affirmed the conviction for criminal contempt, finding the Standing Order was not vague or overbroad as applied, the evidence was sufficient to establish obstruction, and the sentence was not excessive.
• Naprstek v. The City OF Norwich
  545 F.2d 815· 2d Cir.· 1976-11-22 ·cited 10×
  The court held that the district court erred in abstaining from deciding the constitutional issues, as the ordinance was void for vagueness due to the lack of a termination time, and thus federal adjudication was necessary.
• McDONALD v. The United States
  531 F.2d 490· Ct. Cl.· 1976-02-18 ·cited 10×·via Statutory Overbreadth
  The court held that the Uniform Code of Military Justice's combination of roles for the convening authority does not, on the facts presented, violate the Due Process Clause.
• Ciccarelli v. The City OF KEY W.
  321 So. 2d 472· Fla. 3d DCA· 1975-10-28 ·cited 10×
  Ciccarelli was convicted under a Key West ordinance prohibiting loitering that impedes passage. The Florida District Court of Appeal, Third District, held that the ordinance violated the Fourteenth Amendment's due process guarantee because it lacked sufficiently restrictive stand
• Am. Mini Theatres, Inc. v. Gribbs
  518 F.2d 1014· 6th Cir.· 1975-06-16 ·cited 10×
  The court held that the Detroit ordinance's 1000-foot provision, which restricts the concentration of adult businesses, is a permissible time, place, and manner regulation that does not violate the First Amendment or Equal Protection Clause.
• Shaffer v. Wilson
  523 F.2d 175· 10th Cir.· 1975-05-23 ·cited 10×
  The court held that the seizure of business records pursuant to a valid search warrant did not violate the Shaffers' Fifth Amendment privilege against self-incrimination or their Fourth Amendment rights.
• Glenn v. Reubin O'D. Askew
  513 F.2d 61· 5th Cir.· 1975-05-21 ·cited 10×
  The court held that the appellee failed to exhaust his state court remedies before seeking federal habeas corpus relief.
• Tollett v. United States
  485 F.2d 1087· 8th Cir.· 1973-10-02 ·cited 10×
  The court held that 18 U.S.C. § 1718 is unconstitutionally overbroad and vague, violating the First Amendment's guarantee of free expression.
• Canney v. State
  298 So. 2d 495· Fla. 2d DCA· 1973-09-07 ·cited 10×
  Appellant Canney appeals his conviction for resisting an officer with violence following a jury verdict. Canney challenges the legality of his arrest for allegedly violating a city ordinance prohibiting obscene language during an anti-war protest, arguing that an unlawful arrest