Unconstitutional Overbreadth

16 Florida cases classified under this topic · sorted by citation count · browse and sort

• State v. Hamilton
  388 So. 2d 561· Fla.· 1980-09-18 ·cited 42×
  The Florida Supreme Court reversed a trial court's decision dismissing pollution charges against Harry Hamilton for violating Florida's Air and Water Pollution Control Act. The court held that the statute's prohibition on causing pollution that harms human health or aquatic life
• In re Forfeiture OF ONE Cessna 337H Aircraft. City OF Pompano Beach v. Enroute Ltd., Inc.
  475 So. 2d 1269· Fla. 4th DCA· 1985-08-28 ·cited 25×
  The court held that an aircraft used in violation of section 329.10, Florida Statutes, is not subject to forfeiture under the Florida Contraband Forfeiture Act because the aircraft is not an 'instrumentality' of the offense.
• League of Women Voters of Fla. Inc. v. Fla. Sec'y of State
  66 F.4th 905· 11th Cir.· 2023-04-27 ·cited 23×
  The League of Women Voters of Florida challenged four provisions of Florida's Senate Bill 90 (enacted in 2021), claiming they violated the Fourteenth and Fifteenth Amendments and the Voting Rights Act by discriminating against Black voters through restrictions on ballot drop boxe
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×
  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.
• State v. Hilton
  498 So. 2d 698· Fla. 5th DCA· 1986-12-18 ·cited 12×
  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
• 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.
• Pursley v. City OF Fayetteville
  820 F.2d 951· 8th Cir.· 1987-06-10 ·cited 6×
  The dissenting judge believes the residential picketing ordinance is constitutionally valid and not facially overbroad.
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Chad v. City of Ft. Lauderdale
  66 F. Supp. 2d 1242· N.D. Fla.· 1998-05-27 ·cited 2×
  The court held that Fort Lauderdale Rule 7.5(c), prohibiting soliciting, begging, or panhandling on the beach and adjacent sidewalk, is constitutional and not vague or overbroad.
• Turner v. Chicago Hous. Auth.
  969 F.2d 461· 7th Cir.· 1992-07-29 ·cited 2×
• Shannon v. Telco Commc'ns, Inc.
  824 F.2d 150· 1st Cir.· 1987-07-31 ·cited 1×
  The court held that the Massachusetts statute limiting professional charitable solicitors' compensation is unconstitutionally overbroad and invalid on its face, as it directly restricts protected First Amendment activity.
• NCF Freedom Inc v. Diaz
  N.D. Fla.· 2023-11-03
  NCF Freedom Inc. and other New College faculty and students sued to block the enforcement of Florida's SB 266, which restricts what can be taught in general education courses and limits state funding for certain campus programs and activities, arguing the law violates First Amend
• State v. Ivanhoe Prods., Inc.
  40 Fla. Supp. 67· Orange Cty. Ct.· 1973-11-07
  The court held that Chapter 73-120 of the Florida Laws is unconstitutional as applied and on its face, and that the defendant was immunized from prosecution by the compulsory production of the film.