Statutory Overbreadth

60 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Gray
  435 So. 2d 816· Fla.· 1983-07-21 ·cited 188×
  The Florida Supreme Court reversed the District Court of Appeal's decision that reversed Gray's conviction for witness tampering under section 918.14(3)(a)1, holding that scienter and specific intent are not required elements of the crime and therefore need not be alleged in the
• Trushin v. State
  425 So. 2d 1126· Fla.· 1982-11-04 ·cited 167×
  Theodore Trushin was convicted of vote buying under Florida Statute § 104.061(2) for promising to prepare wills without charge to apartment residents in exchange for their votes. The Florida Supreme Court affirmed his conviction, upholding the constitutionality of the statute aga
• State v. Lewis
  364 So. 2d 1223· Fla.· 1978-10-19 ·cited 104×
  Florida's Supreme Court reversed the dismissal of theft charges against Victor Lewis, rejecting his constitutional challenges to Florida's omnibus theft statute (Section 812.014). The court held that the statute is not unconstitutionally vague, overbroad, or subject to selective
• Bouters v. State
  659 So. 2d 235· Fla.· 1995-04-27 ·cited 101×
  Scott Bouters challenges the constitutionality of Florida's stalking statute (§ 784.048) after being charged with aggravated stalking for harassing his ex-girlfriend in violation of a domestic violence injunction. The Florida Supreme Court upholds the statute, finding it neither
• United States v. Hill
  500 F.2d 733· 5th Cir.· 1974-09-11 ·cited 54×
  The court held that the jury instructions, by incorporating elements of both the Roth-Memoirs and Miller obscenity standards, provided the defendant with the benefit of both tests, and that the materials were not constitutionally protected under either standard. The court also re
• United States v. Wise
  550 F.2d 1180· 9th Cir.· 1977-03-28 ·cited 38×
  The court held that 17 U.S.C. § 104 is constitutional and that most of the film distribution agreements were restricted licenses, not sales, thus constituting infringement. However, one conviction was reversed due to insufficient proof of absence of a first sale.
• S.H.B. v. State
  355 So. 2d 1176· Fla.· 1977-11-30 ·cited 34×
  The Florida Supreme Court upheld a juvenile's adjudication for violating Section 871.01, which prohibits willful disturbance of school assemblies and religious gatherings. The court rejected First Amendment overbreadth challenges, holding that the statute is constitutional and ca
• United States v. Groner
  494 F.2d 499· 5th Cir.· 1974-05-24 ·cited 28×
  The court held that the defendant's convictions for transporting obscene materials were valid, affirming the prior judgment.
• United States v. Crosson
  462 F.2d 96· 9th Cir.· 1972-05-26 ·cited 28×
  A conviction for contemptuously burning a flag under 18 U.S.C. § 700 violates the First Amendment because the statute and prosecution are aimed at suppressing communicative expression, not regulating non-communicative conduct.
• Martin Tractor Co. v. Fed. Election Comm'n
  627 F.2d 375· D.C. Cir.· 1980-05-08 ·cited 25×
  The court held that the challenges to the Federal Election Campaign Act's provisions restricting solicitation by corporate political action committees were not ripe for adjudication, either on their face or as applied.
• State v. Mel J. Dinsmore
  308 So. 2d 32· Fla.· 1975-01-29 ·cited 22×
  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
• United States v. Jardins
  772 F.2d 578· 9th Cir.· 1985-09-26 ·cited 21×
  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.
• von Sleichter v. United States
  472 F.2d 1244· D.C. Cir.· 1972-06-15 ·cited 20×
  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.
• Montgomery v. State
  69 So. 3d 1023· Fla. 5th DCA· 2011-09-16 ·cited 19×
  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
• Harris L. Kimball v. THE Florida BAR
  632 F.2d 1283· 5th Cir.· 1980-12-18 ·cited 18×
  Federal district courts lack jurisdiction to review or reverse final state court orders, even when framed as a civil rights claim.
• Beaudett v. City OF Hampton
  775 F.2d 1274· 4th Cir.· 1985-11-04 ·cited 15×
  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.
• State v. DE LA Llana
  693 So. 2d 1075· Fla. 2d DCA· 1997-05-16 ·cited 14×
  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
• State v. Hoyt
  609 So. 2d 744· Fla. 1st DCA· 1992-12-07 ·cited 12×
  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. 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.
• McDONALD v. The United States
  531 F.2d 490· Ct. Cl.· 1976-02-18 ·cited 10×
  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.
• Livingston v. Garmire
  442 F.2d 1322· 5th Cir.· 1971-05-10 ·cited 9×
  A federal court cannot enjoin a pending state criminal prosecution unless the plaintiff proves great and immediate irreparable injury, and mere vagueness or overbreadth of a statute is insufficient without bad faith or harassment.
• Jones v. Cont'l Ins.
  670 F. Supp. 937· S.D. Fla.· 1987-09-22 ·cited 8×
  The court held that Florida Statutes Section 624.155(1)(b)(1) applies to first-party actions and is not unconstitutionally vague or overbroad, and that the plaintiff stated a claim under it. The court also dismissed claims for intentional infliction of emotional distress and tort
• State v. Short
  483 So. 2d 10· Fla. 2d DCA· 1985-10-25 ·cited 8×
  The Florida Second District Court of Appeal reversed a trial court's dismissal of an indictment against a sheriff for official misconduct, holding that Florida's official misconduct statute—specifically the provision criminalizing falsification of official records—is constitution
• The United States Jaycees v. McCLURE
  709 F.2d 1560· 8th Cir.· 1983-06-07 ·cited 8×
  The dissent argues that the Jaycees' right of association can be subordinated to the state's interest in preventing sex discrimination in public accommodations, and that the statute is neither vague nor overbroad as applied.
• Gilbreath v. State
  650 So. 2d 10· Fla.· 1995-02-02 ·cited 6×
  The Florida Supreme Court upheld the constitutionality of Florida's statute prohibiting obscene or harassing telephone calls, but narrowed its scope by limiting application to calls made with intent to abuse, threaten, or harass (excising the terms 'offend' and 'annoy' as unconst
• Thernes v. City OF Lakeside Park
  779 F.2d 1187· 6th Cir.· 1986-01-06 ·cited 6×
  The court held that the ordinance's absolute prohibition of radio antennas, while permitting television antennas, is arbitrary, capricious, and violates equal protection.
• Turoso v. The Cleveland Mun. Court
  674 F.2d 486· 6th Cir.· 1982-02-04 ·cited 6×
  The dissenting judge argues that the majority's attempt to save the Ohio obscenity statute by reinterpreting it is unconstitutional and violates the First Amendment.
• State v. Wagner
  403 So. 2d 1349· Fla. 5th DCA· 1981-09-09 ·cited 6×
  Section 480.047, Florida Statutes prohibits falsely representing oneself as a licensed masseur, not the practice of massage itself. To prove a violation, the State must show that the defendant represented himself as administering massage for compensation, represented he was licen
• Avrech v. The Sec'y OF the Navy
  520 F.2d 100· D.C. Cir.· 1975-09-26 ·cited 6×
  The dissenting judge argues that the conviction should be vacated because the court-martial instruction on the First Amendment rights was legally incorrect.
• State v. Falcon
  556 So. 2d 762· Fla. 2d DCA· 1990-01-26 ·cited 4×
  Florida appealed the dismissal of an embezzlement charge against a contractor, arguing that section 713.34(3) was constitutional. The Second District Court of Appeal held that while the underlying embezzlement charge was valid, the statutory provision creating a prima facie evide
• State v. Leslie W. Parish, Jr.
  509 So. 2d 1365· Fla. 2d DCA· 1987-07-22 ·cited 4×
  Florida's Second District Court of Appeal reversed a county court's finding that section 843.06, Florida Statutes (requiring citizens to assist law enforcement officers upon request), was unconstitutionally vague and overbroad. The court held the statute provides sufficient notic
• State v. Salvadore Saiez
  469 So. 2d 927· Fla. 3d DCA· 1985-05-28 ·cited 4×
  Florida appealed the dismissal of two counts charging Salvadore Saiez with possession of credit card embossing machines under section 817.63. The trial court dismissed the counts finding that provision unconstitutionally vague and overbroad, and the appellate court affirmed, hold
• Reed v. Giarrusso
  462 F.2d 706· 5th Cir.· 1972-06-26 ·cited 4×
  The court held that the plaintiffs possessed the requisite standing to maintain their suit challenging the constitutionality of municipal ordinances, despite the dismissal of their original charges.
• Fort v. Daley
  431 F.2d 1128· 7th Cir.· 1970-08-07 ·cited 4×
  The court held that the district court erred in striking plaintiffs' motions for a three-judge court and temporary restraining order solely for failure to file supporting briefs, and that dismissal issues should be decided by a three-judge court if convened.
• Reilly v. Florida
  847 F. Supp. 951· M.D. Fla.· 1994-03-31 ·cited 3×
  The court denied Petitioner's writ of habeas corpus, finding his claims regarding the constitutionality of Florida statutes, double jeopardy, sufficiency of evidence, right to self-representation, and state sentencing procedures lacked merit or were not reviewable.
• State v. McDEAVITT
  776 So. 2d 1086· Fla. 4th DCA· 2001-02-07 ·cited 2×
  Florida appeals the trial court's dismissal of child abuse charges against a school teacher, arguing that the trial court incorrectly held Florida's child abuse statute unconstitutional as overbroad and vague. The appellate court reverses, holding that the statute is constitution
• News-Press Publ'g Co., Inc. v. Firestone
  527 So. 2d 223· Fla. 2d DCA· 1988-05-06 ·cited 2×
  The News-Press challenged Florida's prohibition on nonvoters coming within fifty feet of polling places, arguing it violated First Amendment rights. The court held the statute unconstitutional on its face as overbroad, finding it prohibited protected speech and presence in tradit
• Brecheisen v. Eloy Mondragon
  833 F.2d 238· 10th Cir.· 1987-11-12 ·cited 2×
  The court held that a conviction for criminal sexual penetration (CSP) did not violate the Double Jeopardy Clause, the CSP statute was not unconstitutionally vague or overbroad, and there was sufficient evidence to support the conviction.
• LEE v. State
  397 So. 2d 684· Fla.· 1981-04-16 ·cited 2×
  Dwight Lee challenged the constitutionality of Florida Statute § 918.14(3)(a)(1), which criminalizes placing a witness in fear by threat of force. The Florida Supreme Court upheld the statute as sufficiently definite and not unconstitutionally vague, affirming Lee's conviction.
• London v. State
  Fla. 3d DCA· 2021-01-20
  This case reviews whether a Florida statute criminalizing threats against law enforcement officers is unconstitutionally overbroad under the First Amendment. The court held that the statute, when narrowly construed to apply only to "true threats" (serious expressions of intent to
• State v. Scotty Keaton
  371 So. 2d 86· Fla.· 1979-05-10
  The Florida Supreme Court held that a statute criminalizing obscene telephone communications (Fla. Stat. § 365.16(1)(a)) is unconstitutionally overbroad under the First Amendment because it is not limited to nonconsensual calls or calls intended to harass. The statute could crimi
• Friedman v. United States
  W.D. Pa.· 1975-06-02
• United States v. Irving
  509 F.2d 1325· 5th Cir.· 1975-03-20