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

• United States v. Guzek
  527 F.2d 552· 8th Cir.· 1975-12-08 ·cited 24×·via Vagueness Of Statutes
  The court held that the evidence was sufficient to support the convictions of the appellants for conducting an illegal gambling business under 18 U.S.C. § 1955, finding sufficient interdependence between the bookmaking operations.
• DAN J. Sheehan Co. v. Occupational Safety & Health Review Comm'n
  520 F.2d 1036· 5th Cir.· 1975-10-08 ·cited 24×·via Vagueness Challenge To Statute
  The court held that an employer's letter admitting a violation but only contesting the penalty does not preserve the right to challenge the citation's validity. Furthermore, OSHA's enforcement procedures do not unconstitutionally chill an employer's right to a hearing.
• Slaughter v. State
  301 So. 2d 762· Fla.· 1974-09-25 ·cited 24×·via Void For Vagueness Doctrine
  The Florida Supreme Court affirmed convictions for conspiracy to commit arson and arson of a school building, rejecting constitutional challenges to Florida's conspiracy statute and jury selection procedures, and finding no reversible error in the trial court's conduct.
• United States v. Lanni
  466 F.2d 1102· 3d Cir.· 1972-08-14 ·cited 24×
  The court held that Section 302 of the Taft-Hartley Act prohibits indirect payments made to a union representative through an intermediary, and that the statute is not unconstitutionally vague. The court also affirmed the jury instructions on willfulness.
• United States v. Fithian
  452 F.2d 505· 9th Cir.· 1971-12-10 ·cited 24×
  The court held that the appellant was properly sentenced under the prior statute and affirmed the conviction, but remanded for consideration of probation under the new Act.
• Campbell v. State
  240 So. 2d 298· Fla.· 1970-10-14 ·cited 24×
  Campbell was convicted under Florida's child abuse statute for beating and whipping his seven-year-old stepdaughter. He appealed claiming the statute was unconstitutionally vague, arguing that the terms "unnecessarily or excessively" failed to provide fair notice of prohibited co
• Virvus Jones v. Snead
  431 F.2d 1115· 8th Cir.· 1970-10-01 ·cited 24×·via Void For Vagueness Doctrine
  The court held that the district court did not abuse its discretion in denying a preliminary injunction for student reinstatement, as a complete record and final judgment are necessary for appellate review of due process claims.
• United States v. DeSTAFANO
  429 F.2d 344· 2d Cir.· 1970-07-22 ·cited 24×·via Void For Vagueness Doctrine
  The court affirmed the conviction, holding that the federal loansharking statute was constitutional as applied to the defendant's conduct and that the indictment was not multiplicitous.
• Millard v. Harris
  406 F.2d 964· D.C. Cir.· 1968-11-08 ·cited 24×
  The court held that the Sexual Psychopath Act, when interpreted to mean 'not mentally ill,' is not applicable to the appellant because his past sexual misconduct does not demonstrate a likelihood of future dangerousness sufficient to justify commitment under the statute.
• Smith v. Portante
  212 So. 2d 298· Fla.· 1968-07-02 ·cited 24×
  The Florida Supreme Court struck down a statute authorizing jury commissioners to administer questionnaires to prospective jurors because the statute constituted an unconstitutional delegation of authority. The statute failed to provide objective guidelines or standards for what
• Smith v. United States
  356 F.2d 868· 8th Cir.· 1966-02-23 ·cited 24×·via Vagueness Challenge To Statute
  The court held that the statute was constitutional, the entry offense did not merge with the completed larceny, the sentence was within statutory limits, and the indictment was sufficient for collateral attack.
• Edmun Realty Corp. & A. E. Munyer v. Kearns
  158 Fla. 558· Fla.· 1947-01-28 ·cited 24×·via Vagueness and Indefiniteness
  Edmun Realty Corporation and A. E. Munyer appeal a chancellor's denial of their motion to dismiss a bill of complaint seeking specific performance for the sale of real estate. The Florida Supreme Court reverses, holding that the plaintiff's allegations fail to establish an enforc
• Wolfe v. United States
  149 F.2d 391· 6th Cir.· 1945-05-24 ·cited 24×
  The court held that the evidence was sufficient to support the conviction and that the appellant's various constitutional challenges had been decided adversely in prior cases.
• League of Women Voters of Fla. Inc. v. Fla. Sec'y of State
  66 F.4th 905· 11th Cir.· 2023-04-27 ·cited 23×·via Unconstitutional Vagueness
  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
• Sult v. State
  906 So. 2d 1013· Fla.· 2005-06-23 ·cited 23×
  The Florida Supreme Court held that Florida Statute § 843.085, which criminalizes the wearing or displaying of law enforcement indicia or titles without authorization, is unconstitutional as overbroad, vague, and violative of substantive due process because it lacks a specific in
• Fajardo v. State
  805 So. 2d 961· Fla. 2d DCA· 2001-11-21 ·cited 23×·via Void For Vagueness Doctrine
  Three defendants appealed convictions for possessing altered INS cards under Florida Statute § 322.212(1)(c), which prohibits possession of forged identification cards. The court affirmed, holding that the statute's plain language covers federal government-issued identification c
• Shapiro v. State
  696 So. 2d 1321· Fla. 4th DCA· 1997-07-23 ·cited 23×
  Arnold Shapiro, a licensed psychologist, was convicted under Florida Statute § 491.0112 of sexual misconduct by a psychotherapist through therapeutic deception. The appellate court affirmed the conviction, rejecting multiple constitutional challenges to the statute including over
• Major Media OF THE Se., Inc. v. City OF Raleigh
  792 F.2d 1269· 4th Cir.· 1986-06-12 ·cited 23×
  The court held that the City of Raleigh's amended ordinance regulating outdoor advertising signs was constitutional, did not violate the First Amendment, was not vague, and that the amortization period for non-conforming signs was reasonable.
• Griffin v. State
  396 So. 2d 152· Fla.· 1981-03-12 ·cited 23×
  The Florida Supreme Court upheld the constitutionality of section 847.014, which criminalizes the production and procurement of obscene materials involving minors. The court rejected challenges based on vagueness, overbreadth, and improper title, finding the statute validly regul
• United States v. Sherpix, Inc.
  512 F.2d 1361· D.C. Cir.· 1975-05-15 ·cited 23×·via Vagueness Of Statutes
  Convictions are reversed because the trial court improperly instructed the jury on obscenity using a post-offense judicial standard (Miller) rather than the pre-offense standard (Roth-Memoirs), violating due process. Additionally, the indictment was insufficient to charge Sherpix
• Mahon v. Cnty. OF Sarasota
  177 So. 2d 665· Fla.· 1965-07-28 ·cited 23×
  A statute authorizing elimination of vegetation and refuse as nuisances on private property is unconstitutional when it fails to define key operative terms, provides insufficiently limited standards to guide administrative discretion, and makes enforcement contingent on individua
• In re Navarro
  931 F.3d 1298· 11th Cir.· 2019-07-30 ·cited 22×·via Unconstitutional Vagueness
• Samples v. Florida Birth-Related Neurological
  40 So. 3d 18· Fla. 5th DCA· 2010-06-18 ·cited 22×·via Vagueness Of Statutes
  Parents of a child with birth-related neurological injuries appealed an administrative award of $100,000 in parental compensation, arguing the statute should be construed to allow $100,000 per parent rather than a single $100,000 award to both parents jointly. The court affirmed
• Bunkley v. State
  882 So. 2d 890· Fla.· 2004-05-27 ·cited 22×·via Constitutional Vagueness
  On remand from the U.S. Supreme Court, the Florida Supreme Court reaffirmed Bunkley's 1987 armed burglary conviction, holding that under Florida law in 1989, whether his three-inch folding knife was a 'common pocketknife' exception or a 'dangerous weapon' was properly a jury ques
• McDOWELL v. State
  789 So. 2d 956· Fla.· 2001-07-05 ·cited 22×·via Void For Vagueness Doctrine
  The Court held that the Prison Releasee Reoffender Act does not require proof of a defendant's release to a jury beyond a reasonable doubt, as it limits sentencing discretion rather than increasing the maximum statutory penalty.
• Whitaker v. Dep't of Ins. & Treas.
  680 So. 2d 528· Fla. 1st DCA· 1996-06-13 ·cited 22×
  Kenneth Whitaker, an insurance agent, challenged the Department of Insurance's revocation of his licenses. The court reversed the department's findings regarding violations of section 626.9541(l)(x)4 (refusal to insure) and section 626.621(6) (detrimental to public interest), fin
• Brown v. State
  610 So. 2d 1356· Fla. 1st DCA· 1992-12-30 ·cited 22×·via Vagueness Challenge To Statute
  James Brown challenged his conviction for selling cocaine within 200 feet of a public housing project under Florida Statute § 893.13(1)(o), arguing the statute was unconstitutional on multiple grounds. The Florida First District Court of Appeal rejected all constitutional challen
• In the Interest of K.A.N. v. State
  582 So. 2d 57· Fla. 1st DCA· 1991-06-14 ·cited 22×
  K.A.N., a juvenile, was adjudicated delinquent for escaping from a detention facility under Florida's new escape statute. The court reversed the conviction because the state failed to present evidence establishing that the facility met the statutory requirement of restrictiveness
• Silagy v. Peters
  905 F.2d 986· 7th Cir.· 1990-07-10 ·cited 22×
• Curtis v. Thompson
  840 F.2d 1291· 7th Cir.· 1988-02-05 ·cited 22×·via Vagueness
  The court held that the district court erred by denying a preliminary injunction without addressing all five required factors, particularly given the constitutional nature of the claims.
• Jean Arline Martinelli & Jack Martinelli v. City OF Beaumont
  820 F.2d 1491· 9th Cir.· 1987-07-02 ·cited 22×
  The court held that arresting a person for refusing to identify herself during a lawful Terry stop, under Cal. Penal Code § 148, violates the Fourth Amendment.
• United States v. ONE Hundred Twenty-Two Thousand Forty-Three Dollars ($122
  792 F.2d 1470· 9th Cir.· 1986-07-01 ·cited 22×
  The court held that the regulation defining the 'time of departure' for currency reporting is unconstitutionally vague as applied to the claimant, who was prevented from filing the report after attempting to do so.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  749 F.2d 113· 2d Cir.· 1984-11-02 ·cited 22×·via Vagueness
  The FCC's time-channeling regulation for dial-a-porn services is set aside because it is not narrowly tailored to serve a compelling governmental interest and less restrictive alternatives were not adequately considered.
• Andrija Artukovic v. Immigr. & Naturalization Serv.
  693 F.2d 894· 9th Cir.· 1982-12-01 ·cited 22×
• Record Head Corp. v. Sachen
  682 F.2d 672· 7th Cir.· 1982-07-07 ·cited 22×
  The dissenting judge argues that the West Allis ordinance is not unconstitutionally vague or overbroad, disagreeing with the majority's conclusion.
• United States v. Esmerejidado Guerrero
  667 F.2d 862· 10th Cir.· 1981-10-30 ·cited 22×
  The court held that the trial court did not err in admitting the videotape evidence and that the defendant's speedy trial rights were not violated. The statute under which the defendant was convicted was also found to be constitutional.
• Fed. Election Comm'n v. Lance
  635 F.2d 1132· 5th Cir.· 1981-01-15 ·cited 22×
  The dissenting judges would hold that the individual may not be required to respond to the subpoenas and that enforcement should be denied.
• United States v. Tapert
  625 F.2d 111· 6th Cir.· 1980-06-16 ·cited 22×·via Vagueness Challenge To Statute
  A physician who receives illegal kickbacks from laboratories for referring Medicaid patients is considered to have 'furnished items or services' for which federal funds are paid and received kickbacks 'in connection with' those services.
• Geiger v. City OF Eagan
  618 F.2d 26· 8th Cir.· 1980-03-19 ·cited 22×
  The court held that the ordinance was unconstitutionally vague on its face because it failed to provide fair notice of what was prohibited and lacked standards for enforcement.
• Scullock v. State
  377 So. 2d 682· Fla.· 1979-11-21 ·cited 22×·via Constitutional Vagueness
  The Florida Supreme Court upheld the constitutionality of Florida Statute section 843.01, which criminalizes offering violence to law enforcement officers, rejecting appellant Scullock's vagueness challenge to the phrase "offering...violence."
• United States v. Hancock
  604 F.2d 999· 7th Cir.· 1979-07-09 ·cited 22×
  The court held that the indictments sufficiently alleged the crime of receiving kickbacks under the Medicare and Medicaid statutes, and the statutes were not unconstitutionally vague.
• United States v. Batchelder
  581 F.2d 626· 7th Cir.· 1978-07-24 ·cited 22×·via Void For Vagueness Doctrine
  The court held that the prosecutor's discretion to indict under either 18 U.S.C. § 922(h) or § 1202(a), despite overlapping offenses and differing penalties, does not violate the Constitution.
• Alsager v. Dist. Court OF Polk Cnty.
  545 F.2d 1137· 8th Cir.· 1976-12-08 ·cited 22×
  The judgment is affirmed because the State of Iowa violated plaintiffs' substantive and procedural due process rights by failing to show threshold harm and by providing inadequate notice of conduct warranting termination.
• State v. Mel J. Dinsmore
  308 So. 2d 32· Fla.· 1975-01-29 ·cited 22×·via Vagueness Of Statutes
  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
• 414 Theater Corp. v. Murphy
  499 F.2d 1155· 2d Cir.· 1974-05-17 ·cited 22×·via Unconstitutional Vagueness
• Alderman v. The Philadelphia Hous. Auth.
  496 F.2d 164· 3d Cir.· 1974-04-16 ·cited 22×
  A prior restraint on all discussion of political matters by public employees is an impermissible infringement of First Amendment rights, even if justified by an interest in impartiality.
• United States v. Hamling
  481 F.2d 307· 9th Cir.· 1973-06-07 ·cited 22×
  The court held that the mailing of obscene advertisements and materials violates federal law and that the trial court did not err in its rulings regarding the indictment, jury selection, or the admission of evidence.
• Jones v. Wade
  479 F.2d 1176· 5th Cir.· 1973-05-30 ·cited 22×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Valarie Goguen v. Smith
  471 F.2d 88· 1st Cir.· 1972-12-14 ·cited 22×
  The court held that the Massachusetts flag contempt statute is unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments.
• Honorable B. J. Driver v. Talbot M. VAN Cott
  257 So. 2d 541· Fla.· 1971-12-15 ·cited 22×
  The Florida Supreme Court consolidated three cases challenging the constitutionality of Fla. Stat. § 790.23, which prohibits felons from possessing firearms. The court held that the phrase "or other similar offense" in the statute's exemption clause was unconstitutionally vague,