Vagueness Doctrine

1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Allan G. Charles, M.D. v. Daley
  749 F.2d 452· 7th Cir.· 1984-11-30 ·cited 26×
  The court held that sections 6(1) and 6(4) of the Illinois Abortion Law are unconstitutionally vague and infringe upon a woman's fundamental right to choose an abortion, while sections 2(10) and 11(d) are permissible informed consent provisions.
• Tobacco Accessories & Novelty Craftsmen Merchs. Ass'n OF La. v. Treen
  681 F.2d 378· 5th Cir.· 1982-07-29 ·cited 26×
  The court held that Louisiana's Drug Paraphernalia Law is not unconstitutionally vague or overbroad, and is rationally related to a legitimate state interest.
• United States v. Sachs
  679 F.2d 1015· 1st Cir.· 1982-06-11 ·cited 26×
  The court affirmed the conviction and sentence, holding that the defendant's conduct constituted an unreasonable obstruction of an elevator, that his constitutional claims were waived by not being raised below, and that his sentencing was lawful.
• Cobb v. Louie L. Wainwright
  666 F.2d 966· 5th Cir.· 1982-02-04 ·cited 26×
  The court held that Florida Statute § 782.11 is not unconstitutionally vague and that sufficient evidence supported the conviction for unnecessary killing.
• RED Bluff Drive-In, Inc. v. Vance
  648 F.2d 1020· 5th Cir.· 1981-06-23 ·cited 26×
  The court held that while most provisions of the Texas obscenity statute are constitutional, abstention is appropriate for three specific provisions pending state court interpretation to avoid premature constitutional adjudication.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×·via Vagueness Challenge To Statute
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• Am. Sec. Council Educ. Found. v. Fed. Commc'ns Comm'n & United States
  607 F.2d 438· D.C. Cir.· 1979-06-29 ·cited 26×
  The court did not reach the merits of applying the fairness doctrine to daily news coverage, agreeing with the lower court's assessment of the complaint's inadequacies.
• United States v. McCLAIN
  593 F.2d 658· 5th Cir.· 1979-04-23 ·cited 26×·via Void For Vagueness Doctrine
  The court held that the National Stolen Property Act applies to pre-Columbian artifacts declared owned by Mexico, but reversed convictions on the substantive count due to erroneous jury instructions on Mexican law.
• Linville v. State
  359 So. 2d 450· Fla.· 1978-05-18 ·cited 26×
  The Florida Supreme Court held that Section 877.11, Florida Statutes (1975), prohibiting inhalation of harmful chemical substances, is unconstitutionally vague on its face because the definition of "chemical substance" is so broad that a person of common intelligence cannot disce
• Lloyd A. FRY Roofing Co. v. United States Env't Prot. Agency
  554 F.2d 885· 8th Cir.· 1977-05-11 ·cited 26×
  A party subject to an EPA abatement order under the Clean Air Act cannot maintain a pre-enforcement action to challenge the order; such claims must be raised as a defense or counterclaim in an enforcement action brought by the EPA. Furthermore, challenges to the constitutionality
• Adamian v. Jacobsen
  523 F.2d 929· 9th Cir.· 1975-09-24 ·cited 26×
  The court held that while the University Code's section 2.3 may be facially overbroad, its interpretation by the American Association of University Professors, which the University likely adopted, narrows its scope to avoid unconstitutional infringement on First Amendment rights.
• United States v. Goeltz
  513 F.2d 193· 10th Cir.· 1975-03-21 ·cited 26×
  The court held that the defendants' possession of simulated IRS seizure notices violated 18 U.S.C. § 701, and their constitutional challenges regarding jury trial, vagueness, First Amendment rights, arrest, speedy trial, and judicial conduct were without merit.
• Tornillo v. The Miami Herald Publ'g Co.
  287 So. 2d 78· Fla.· 1973-07-18 ·cited 26×
  Pat Tornillo, a legislative candidate, sought to compel the Miami Herald to publish his replies to editorials attacking his character under Florida Statute 104.38, a right-of-reply law. The Florida Supreme Court upheld the statute as constitutional, holding that it enhances rathe
• United States v. Swindler
  476 F.2d 167· 10th Cir.· 1973-03-27 ·cited 26×·via Vagueness Of Statutes
  The court held that the evidence was sufficient to establish conveyance of a weapon within a federal penitentiary and that the statute does not require proof of specific intent to disobey the law.
• United States v. Munns
  457 F.2d 271· 9th Cir.· 1972-03-16 ·cited 26×
  The court held that the regulation requiring registrants to report their home address is not vague, is authorized by statute, and is not foreclosed by existing case law concerning mailing addresses.
• United States v. S. Ry. Co.
  364 F.2d 86· 5th Cir.· 1966-07-27 ·cited 26×
  The court held that the district court erred in allowing a collateral attack on the Interstate Commerce Commission's Service Order, as the defendant failed to exhaust its administrative remedies. The court also found the order was not unconstitutionally vague.
• Lion Mfg. Corp. (new Lion) v. Kennedy
  330 F.2d 833· D.C. Cir.· 1964-03-05 ·cited 26×·via Vagueness Of Statutes
  The court held that the district court correctly dismissed the complaint for lack of jurisdiction because the plaintiffs failed to establish a case or controversy. The plaintiffs' fears of prosecution were too speculative and generalized.
• Fla. Real Est. Comm'n v. Harris
  134 So. 2d 785· Fla.· 1961-10-25 ·cited 26×·via Vagueness Of Statutes
  The Florida Supreme Court reversed a circuit court decree that enjoined enforcement of a statute authorizing the Florida Real Estate Commission to revoke a broker's registration upon confinement in a state or federal prison. The Court held that the broker's challenge was barred b
• Printing Specialties & Paper Converters Union v. LE Baron
  171 F.2d 331· 9th Cir.· 1948-12-13 ·cited 26×·via Vagueness Of Statutes
  The court held that Section 8(b)(4)(A) of the Taft-Hartley Act, which prohibits certain types of secondary picketing, is constitutional and does not violate the First Amendment's free speech protections.
• Dunne v. United States
  138 F.2d 137· 8th Cir.· 1943-09-20 ·cited 26×·via Vagueness Of Statutes
  The court held that the challenged sections of the Act (9, 10, and 11) are valid, and the indictment was sufficient.
• In re Certain Complaints Under Investigation BY AN Investigating Comm. OF the Jud. Council OF the Eleventh Cir. Betty Ann Williams & Alan Ehrlich v. Mercer
  783 F.2d 1488· 11th Cir.· 1986-02-20 ·cited 25×·via Vagueness
  The Court of Appeals for the Eleventh Circuit has exclusive original jurisdiction to enforce or quash subpoenas issued under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, and the Act's subpoena provisions are constitutional.
• United States v. Mallas
  762 F.2d 361· 4th Cir.· 1985-05-20 ·cited 25×
  Criminal convictions for tax evasion cannot stand when based on an unsettled and debatable interpretation of tax law, as defendants lacked the requisite willful intent.
• City OF Pompano Beach v. Capalbo
  455 So. 2d 468· Fla. 4th DCA· 1984-08-08 ·cited 25×·via Void For Vagueness Doctrine
  The Florida District Court of Appeal held that Pompano Beach's ordinance prohibiting sleeping in vehicles is unconstitutionally vague and overbroad. The ordinance failed to provide law enforcement with minimal guidelines, leaving arrest decisions to police discretion, and crimina
• Martin Tractor Co. v. Fed. Election Comm'n
  627 F.2d 375· D.C. Cir.· 1980-05-08 ·cited 25×·via Vagueness Of Statutes
  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.
• United States v. Mowat
  582 F.2d 1194· 9th Cir.· 1978-07-18 ·cited 25×
  The court held that the defendants' convictions for entering a military reservation were valid because, despite the Instruction not being published in the Federal Register, the defendants had actual and timely notice of the prohibition, and specific intent was not a required elem
• Winnick v. Manning
  460 F.2d 545· 2d Cir.· 1972-03-09 ·cited 25×·via Void For Vagueness Doctrine
  A university student's due process rights are not violated by disciplinary proceedings where the decision maker is an administrator and cross-examination of a complaining witness is denied if the student admits the core facts and the witness's specific statements are irrelevant t
• In re Rivero
  797 F.3d 986· 11th Cir.· 2015-08-12 ·cited 24×·via Void For Vagueness Doctrine
  The Supreme Court's decision in Johnson v. United States, which declared the residual clause of the Armed Career Criminal Act (ACCA) unconstitutionally vague, announced a new substantive rule of constitutional law. This rule is retroactive to cases on collateral review because it
• State v. Presidential Women's Ctr.
  937 So. 2d 114· Fla.· 2006-04-06 ·cited 24×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision striking down the Woman's Right to Know Act's informed consent requirement for abortion procedures. The Court held that the Act's requirement that physicians inform patients of medical risks is a co
• Speed v. State
  779 So. 2d 265· Fla.· 2001-02-01 ·cited 24×·via Void For Vagueness Doctrine
  The Florida Supreme Court reviewed Speed's challenge to his sentence under the Prison Releasee Reoffender Act, holding that the Act does not violate separation of powers, is not void for vagueness, does not constitute cruel and unusual punishment, and does not give victims a veto
• Brinkley v. Cnty. OF Flagler
  769 So. 2d 468· Fla. 5th DCA· 2000-10-13 ·cited 24×
  Linda Brinkley appealed a trial court's finding that she was unfit to possess animals, the seizure of approximately 402 dogs and one bird from her property, and an injunction prohibiting her from possessing animals. The Florida appellate court upheld the seizure and injunction, r
• Carino v. State
  635 So. 2d 9· Fla.· 1994-03-10 ·cited 24×·via Void For Vagueness Doctrine
  The court held that administrative rules for breath-testing machines were not void for vagueness and their use in criminal trials was permissible. The court adopted the reasoning of a prior opinion in Rochelle.
• State v. Nevadomski
  619 So. 2d 310· Fla. 4th DCA· 1993-03-10 ·cited 24×·via Void For Vagueness Doctrine
  The court reversed the suppression order and remanded the case for further proceedings.
• Nostimo, Inc. v. The City OF Clearwater
  594 So. 2d 779· Fla. 2d DCA· 1992-01-03 ·cited 24×
  Pick Kwik appealed the dismissal of its facial and as-applied constitutional challenge to Clearwater's conditional use permit ordinance after being denied permission to sell beer and wine. The court affirmed the ordinance was constitutional on its face but reversed the dismissal
• United States v. Gjon Berisha
  925 F.2d 791· 5th Cir.· 1991-02-21 ·cited 24×·via Void For Vagueness Doctrine
  The court held that routine border searches of outgoing travelers are permissible under the Fourth Amendment without reasonable suspicion, and that the defendant's statements were not obtained in violation of Miranda v. Arizona.
• United States v. Shaw
  920 F.2d 1225· 5th Cir.· 1991-01-03 ·cited 24×·via Void For Vagueness Doctrine
  The court held that a defendant lacks standing to challenge the constitutionality of a statute based on inconsistent penalty provisions if the district court sentenced him under the less severe provision, and that the oral sentence pronouncement prevails over a conflicting writte
• United States v. 594
  871 F.2d 824· 9th Cir.· 1989-03-28 ·cited 24×
  The court held that the Taiwanese regulation prohibiting salmon export constitutes "foreign law" under the Lacey Act, and its violation triggers civil forfeiture. The Act as applied is not unconstitutionally vague or a violation of due process.
• Planned Parenthood OF Central AND Northern Arizona v. The State OF Ariz.
  789 F.2d 1348· 9th Cir.· 1986-05-15 ·cited 24×
  The court held that the district court properly granted summary judgment on the constitutionality of the statute's second paragraph and that the award of attorneys' fees should be affirmed in part and reversed in part, specifically reversing the use of a multiplier.
• Adamson v. Ricketts
  789 F.2d 722· 9th Cir.· 1986-05-09 ·cited 24×
  The majority's requirement of double jeopardy waiver is pointless and rests on incorrect assumptions about double jeopardy law when a plea bargain is breached.
• State v. Bussey
  444 So. 2d 63· Fla. 4th DCA· 1984-01-11 ·cited 24×·via Vagueness Of Statutes
  The Fourth District Court of Appeal upheld a trial court's finding that Florida Statute § 817.563, which criminalizes the sale of a noncontrolled substance in lieu of a controlled substance, is unconstitutional. The court concluded the statute violates due process because it fail
• The Cmty. FOR Creative Non-Violence v. Watt
  703 F.2d 586· D.C. Cir.· 1983-03-09 ·cited 24×
• NEW England Accessories Trade Ass'n, Inc. v. City OF Nashua
  679 F.2d 1· 1st Cir.· 1982-05-24 ·cited 24×·via Vagueness Challenge
  The court held that neither the City of Nashua's drug paraphernalia ordinance nor New Hampshire's drug paraphernalia statute are unconstitutionally vague or overbroad.
• Mercer v. Long MFG. N.C., Inc.
  665 F.2d 61· 5th Cir.· 1982-01-04 ·cited 24×·via Vagueness Of Statutes
  The court held that the jury's answers to special interrogatories regarding breach of warranty and DTPA violation were irreconcilable, requiring a new trial on those issues. The court also found the damage instruction for strict liability to be erroneous, requiring a new trial on
• Johnson v. The City OF Opelousas
  658 F.2d 1065· 5th Cir.· 1981-10-13 ·cited 24×
  The court held that the Opelousas juvenile curfew ordinance is unconstitutionally overbroad because it sweeps within its ambit innocent activities protected by minors' constitutional rights, and less drastic means exist to achieve the city's goals. The court reversed the district
• Hoberman v. State
  400 So. 2d 758· Fla.· 1981-04-30 ·cited 24×·via Vagueness Challenge To Statute
  Tape recordings of conversations held in a defendant's home, made via a body bug worn by an undercover agent transmitting to police outside, should have been suppressed because such recordings violate constitutional protections against private communications in the home.
• Aladdin's Castle, Inc. v. The City OF Mesquite
  630 F.2d 1029· 5th Cir.· 1980-11-17 ·cited 24×·via Void For Vagueness Doctrine
  The court held that the ordinance's "connection with criminal elements" language is void for vagueness, violating due process, but affirmed the district court's upholding of the age restriction.
• RAY Evers Welding Co. v. Occupational Safety & Health Review Comm'n
  625 F.2d 726· 6th Cir.· 1980-04-29 ·cited 24×·via Due Process Vagueness Challenge
  The court held that while 29 CFR § 1926.28(a) is not unconstitutionally vague under a limiting construction, the Secretary failed to provide substantial evidence that the employer violated the regulation by not requiring safety belts.
• Sawyer v. Sandstrom
  615 F.2d 311· 5th Cir.· 1980-04-10 ·cited 24×
  The Dade County loitering ordinance is unconstitutionally overbroad because it punishes mere association with individuals known to be engaged in illegal drug activity, thereby infringing upon First Amendment associational rights.
• Purvis v. State
  377 So. 2d 674· Fla.· 1979-11-21 ·cited 24×·via Vagueness
  The Florida Supreme Court held that Fla. Stat. § 798.03, the fornication statute, violates equal protection because it creates a gender-based classification that is not rationally related to any permissible state objective. The Court vacated the convictions and remanded for the s
• Wash. Mobilization Comm. v. Cullinane
  566 F.2d 107· D.C. Cir.· 1977-04-12 ·cited 24×
  A vote to deny rehearing en banc does not signify agreement with the panel's decision but reflects prudential considerations regarding the case's impact and the evolving nature of police conduct.
• United States v. ONE 1972 Mercedes-Benz 250
  545 F.2d 1233· 9th Cir.· 1976-11-18 ·cited 24×·via Vagueness Challenge
  The court held that the forfeiture statutes were constitutional and that the claimant's petition for remission was properly denied, affirming the forfeiture judgment.