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. Linn
  438 F.2d 456· 10th Cir.· 1971-02-04 ·cited 20×
  The court held that knowledge of the victim's federal status is not an element of the offense under 18 U.S.C.A. § 111, and that self-defense and bystander intervention instructions were properly refused based on the evidence presented.
• DOE v. Civil Aeronautics Bd.
  356 F.2d 699· 10th Cir.· 1966-02-17 ·cited 20×·via Constitutional Vagueness
  The court held that the regulation setting standards for pilot medical certificates was not unconstitutionally vague and that the evidence presented was sufficient to support the Board's denial of the certificate.
• Dunmar v. Ailes
  348 F.2d 51· D.C. Cir.· 1965-05-20 ·cited 20×
  The court held that the district court had jurisdiction and that the appellant received adequate procedural due process, and that the Honor Code was not void for vagueness, and that the Secretary of the Army had the power to separate the appellant.
• Stoney Lester v. United States
  921 F.3d 1306· 11th Cir.· 2019-04-29 ·cited 19×·via Void For Vagueness Doctrine
  Stoney Lester challenged his sentence imposed under the mandatory Sentencing Guidelines, arguing that the career-offender provision he was sentenced under was unconstitutionally vague under Johnson v. United States. The Eleventh Circuit denied rehearing en banc, with the majority
• Montgomery v. State
  69 So. 3d 1023· Fla. 5th DCA· 2011-09-16 ·cited 19×·via Vagueness Of Statutes
  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
• State v. Marylee Manfredonia and James D. Slayton
  649 So. 2d 1388· Fla.· 1995-02-09 ·cited 19×
  The Florida Supreme Court reviewed a statute criminalizing adults who allow minors to consume alcohol at their residence, finding it not unconstitutionally vague. The court held that the "reasonable steps" requirement provides sufficient warning when measured by common understand
• Cuda v. State
  639 So. 2d 22· Fla.· 1994-06-30 ·cited 19×·via Constitutional Vagueness
  The Florida Supreme Court held that section 415.111(5), which criminalized the exploitation of aged persons through "improper or illegal" use of their funds, was unconstitutionally vague for failing to provide adequate notice of proscribed conduct. The Court quashed the Fifth Dis
• United States v. Poindexter
  951 F.2d 369· D.C. Cir.· 1991-11-15 ·cited 19×
  The court held that the Independent Counsel failed to prove that compelled testimony was not used against the defendant, requiring reversal of all convictions. It also found that the statute 18 U.S.C. § 1505 could not constitutionally apply to lying to Congress in some instances.
• FW/PBS, Inc. v. The City OF Dallas
  837 F.2d 1298· 5th Cir.· 1988-02-12 ·cited 19×
  The court held that the majority failed to apply the correct legal standards and strict scrutiny to the City of Dallas's licensing ordinance for sexually oriented businesses, particularly concerning procedural safeguards and substantive provisions.
• IDK, Inc. v. Cnty. OF Clark
  836 F.2d 1185· 9th Cir.· 1988-01-08 ·cited 19×
  The licensing regulation is unconstitutional because it is vague, overbroad, and not the least restrictive means of achieving the county's interests.
• Wall Distribs., Inc. v. The City OF Newport News
  782 F.2d 1165· 4th Cir.· 1986-01-30 ·cited 19×
  A city ordinance criminalizing the operation of movie arcades with enclosed viewing booths and requiring a license for such operations is a constitutionally permissible time, place, and manner restriction on speech.
• The Nat'l GAY Task Force v. The Bd. OF Educ. OF the City OF Okla. City
  729 F.2d 1270· 10th Cir.· 1984-03-14 ·cited 19×
  The court held that the portion of the statute proscribing 'public homosexual conduct' is unconstitutionally overbroad because it punishes protected speech, and this portion is severable from the rest of the statute.
• United States v. Bryant
  716 F.2d 1091· 6th Cir.· 1983-09-02 ·cited 19×·via Void For Vagueness Doctrine
  The court held that the Lacey Act is not unconstitutionally vague or an improper delegation of power, and any error in commenting on a jury instruction was harmless.
• Int'l Soc'y FOR Krishna Consciousness OF Houston, Inc. v. City OF Houston
  689 F.2d 541· 5th Cir.· 1982-10-18 ·cited 19×
  The court held that the Houston ordinance regulating charitable solicitation, as amended, does not violate the First and Fourteenth Amendments by unduly burdening free speech or free exercise of religion.
• State v. Holden
  299 So. 2d 8· Fla.· 1974-07-24 ·cited 19×·via Void For Vagueness Doctrine
  The Florida Supreme Court reversed a county court's dismissal of a disorderly intoxication charge, holding that Florida Statutes Section 856.011 is constitutional and does not violate principles against improper delegation of legislative power or vagueness.
• Diapulse Corp. OF Am. v. Food & Drug Admin. OF the Dep't OF Health
  500 F.2d 75· 2d Cir.· 1974-05-09 ·cited 19×·via Void For Vagueness Doctrine
  The court reaffirmed its prior holding that the fees charged by the FDA were unauthorized and that the appellant did not need to exhaust administrative remedies. The court acknowledged potential error in identifying the correct administrative review process but found it did not a
• Jacobs v. The Bd. OF Sch. Comm'rs
  490 F.2d 601· 7th Cir.· 1973-12-14 ·cited 19×
  The court held that a rule was invalid for vagueness and overbreadth, and that certain language in a publication was not obscene as to minors in a high school context.
• Adell Kirkland v. Wallace
  403 F.2d 413· 5th Cir.· 1968-10-22 ·cited 19×
  The court held that the Alabama statute prohibiting the circulation of boycott notices is unconstitutional on its face due to overbreadth, violating the First Amendment. Federal courts should not abstain from hearing such cases.
• United States v. Woodard
  376 F.2d 136· 7th Cir.· 1967-04-04 ·cited 19×
  The court held that the Illinois disorderly conduct statute is not unconstitutionally vague or an undue contravention of freedom of speech when construed narrowly.
• In re Clayton
  829 F.3d 1254· 11th Cir.· 2016-07-18 ·cited 18×
  The Eleventh Circuit Court of Appeals, in a concurring opinion, criticizes its own prior decisions that have erected barriers to relief for individuals sentenced under the unconstitutionally vague residual clause of the career offender sentencing enhancement. The concurring judge
• Lowell Joseph Kuvin v. City OF Coral Gables
  45 So. 3d 836· Fla. 3d DCA· 2010-08-25 ·cited 18×·via Unconstitutional Vagueness
  Kuvin challenges a municipal zoning ordinance prohibiting overnight parking of trucks in residential areas unless garaged, arguing it violates his First Amendment right of freedom of association and is unconstitutionally vague. The Florida District Court of Appeal affirms the ord
• Comm'n ON Ethics v. Barker
  677 So. 2d 254· Fla.· 1996-05-02 ·cited 18×·via Vagueness Of Statutes
  The Florida Supreme Court held that section 112.313(4), which prohibits public officials from accepting gifts they know or should know are given to influence official action, is facially constitutional despite containing a constructive knowledge element. The Court reversed the Th
• Varney v. State
  638 So. 2d 1063· Fla. 1st DCA· 1994-07-12 ·cited 18×·via Vagueness
  Appellant Varney challenged his stalking conviction as facially unconstitutional under the vagueness and overbreadth doctrines. The court affirmed the constitutional validity of the stalking statute but reversed and remanded to correct the probation order, which erroneously liste
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  941 F.2d 1292· 2d Cir.· 1991-08-06 ·cited 18×
  The court held that the Independent Administrator's sanctions against union members for association with organized crime were not state action and thus did not violate their constitutional rights, and that the termination of benefits was proper.
• Bishop v. Aronov
  926 F.2d 1066· 11th Cir.· 1991-03-15 ·cited 18×
  The court held that a university classroom is not an open forum during instructional time and that the University's restrictions on a professor's religious speech were reasonably related to legitimate pedagogical concerns.
• United States v. Dunkel
  900 F.2d 105· 7th Cir.· 1990-04-16 ·cited 18×
  The court held that evidence from a shared, publicly accessible dumpster is admissible and that the belief that taxes are voluntary is not a defense to tax evasion charges.
• Jones v. Pittsburgh Nat'l Corp. t/d/b/a Pittsburgh Nat'l Bank
  899 F.2d 1350· 3d Cir.· 1990-04-03 ·cited 18×·via Vagueness Challenge To Statute
  The court held that the attorney's recusal motion was properly denied, but the sanctions order against him must be vacated and remanded due to insufficient notice and failure to differentiate between Rule 11 and § 1927 standards.
• Boddie v. Am. Broad. Cos., Inc.
  881 F.2d 267· 6th Cir.· 1989-07-28 ·cited 18×·via Void For Vagueness Doctrine
  The court held that the Wiretap Act's "injurious act" language was not unconstitutionally vague, and amendments could not retroactively alter past legal outcomes.
• United States v. Stewart
  872 F.2d 957· 10th Cir.· 1989-04-24 ·cited 18×·via Vagueness Of Statutes
  The court affirmed the convictions, holding that the mail and wire fraud statutes were not unconstitutionally vague, the indictment sufficiently alleged an offense, and the trial court properly refused jury instructions regarding intangible rights, common law fraud, and antitrust
• United States v. Colon-Ortiz
  866 F.2d 6· 1st Cir.· 1989-01-24 ·cited 18×
  The court held that while the penalty provision of 21 U.S.C. § 841(b)(1)(B) contains contradictory language creating a due process notice deficiency, the defendant was not harmed, and the court can strike the erroneous language to reflect clear congressional intent for mandatory
• United Steelworkers OF Am. v. Schuylkill Metals Corp.
  828 F.2d 314· 5th Cir.· 1987-10-02 ·cited 18×·via Vagueness Of Regulations
  The court held that the Secretary of Labor's broadened interpretation of 'earnings' under the MRP provisions of the lead standard was void for failure to provide adequate notice and engage in required notice-and-comment rulemaking procedures.
• Int'l Caucus OF Labor Committees v. City OF Chicago
  816 F.2d 337· 7th Cir.· 1987-04-14 ·cited 18×·via Vagueness
  The court held that the O'Hare Airport regulations governing First Amendment activities were facially constitutional and affirmed the dismissal of the plaintiffs' claims.
• Johnson v. Thigpen
  806 F.2d 1243· 5th Cir.· 1986-12-17 ·cited 18×·via Vagueness
  The court held that the Mississippi Supreme Court's inconsistent application of the 'especially heinous, atrocious or cruel' aggravating circumstance did not render the death sentence unconstitutional because the capital murder statute itself sufficiently narrows the class of eli
• Fiorillo v. U.S. Dep't OF Just.
  795 F.2d 1544· Fed. Cir.· 1986-07-02 ·cited 18×
  The agency wrongfully suspended and demoted Mr. Fiorillo in contravention of his First Amendment free speech rights and whistleblower protections.
• Home Depot, Inc. v. Guste
  773 F.2d 616· 5th Cir.· 1985-10-10 ·cited 18×
  The court held that Louisiana's Sunday Closing Law (La.Rev.Stat.Ann. § 51:194) does not violate the U.S. or Louisiana Constitutions and reversed the district court's injunction.
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  763 F.2d 845· 7th Cir.· 1985-05-31 ·cited 18×
  The court should affirm the district court's decision to abstain from hearing the case.
• O'Brien v. Town OF Caledonia
  748 F.2d 403· 7th Cir.· 1984-11-08 ·cited 18×
  The court held that the district court erred in denying a preliminary injunction because the plaintiff demonstrated a likelihood of success on the merits and irreparable harm due to the chilling effect on his First Amendment rights.
• Nestier Corp. v. Menasha Corporation-Lewisystems Division
  739 F.2d 1576· Fed. Cir.· 1984-08-01 ·cited 18×·via Vagueness and Indefiniteness
  The court held that the district court did not err in refusing to instruct the jury on the doctrine of equivalents, as there was no sufficient evidentiary basis presented by the appellant to support such an instruction. Furthermore, the court affirmed that procedural requirements
• United States v. COX
  719 F.2d 285· 8th Cir.· 1983-10-17 ·cited 18×
  The court held that the Dangerous Special Offender Statute is constitutional and that the notice provided to the defendant met statutory requirements.
• McGEHEE v. Casey
  718 F.2d 1137· D.C. Cir.· 1983-10-04 ·cited 18×
  The court specially concurred, arguing there is no essential difference between upholding a secrecy agreement for classified information and seeking a prepublication injunction for the same information.
• Baer v. The City OF Wauwatosa
  716 F.2d 1117· 7th Cir.· 1983-08-22 ·cited 18×·via Void For Vagueness Doctrine
  The court held that the plaintiff did not possess a constitutionally cognizable property interest in operating an unlicensed business or a license issued in error.
• United States v. Greene
  697 F.2d 1229· 5th Cir.· 1983-01-31 ·cited 18×·via Void For Vagueness Doctrine
  The court held that the statute prohibiting federal employees from striking is not void for vagueness and that the prosecution of the defendants did not violate equal protection.
• Grace v. Burger
  665 F.2d 1193· D.C. Cir.· 1981-09-08 ·cited 18×
  The dissenting judge believes that section 13k, when reasonably construed, is constitutional and serves a legitimate governmental interest in maintaining order and the appearance of justice at the Supreme Court. The judge disagrees with the majority's finding of facial unconstitu
• Wells v. State
  402 So. 2d 402· Fla.· 1981-07-30 ·cited 18×·via Vagueness Of Statutes
  Sheila Wells was convicted of drug possession and introducing contraband into a state prison. The Florida Supreme Court upheld her convictions, holding that prison visitors have no reasonable expectation of privacy from searches for contraband, and that the contraband statute is
• Fantasy Book Shop, Inc. v. City OF Boston
  652 F.2d 1115· 1st Cir.· 1981-06-16 ·cited 18×
  The court held that while the ordinance's first three criteria for denying amusement licenses are facially valid, the fourth criterion is unconstitutionally vague, and the case must be remanded to determine if the denials were based on impermissible grounds or pretext.
• Harris L. Kimball v. THE Florida BAR
  632 F.2d 1283· 5th Cir.· 1980-12-18 ·cited 18×·via Vagueness Of Statutes
  Federal district courts lack jurisdiction to review or reverse final state court orders, even when framed as a civil rights claim.
• United States v. Conlon
  628 F.2d 150· D.C. Cir.· 1980-04-16 ·cited 18×
  The court held that the indictment for conflict of interest was sufficient and that the terms 'negotiating' and 'arrangement' in 18 U.S.C. § 208(a) should be read broadly, reversing the district court's dismissal of that count.
• United States v. Alton R. Moss
  604 F.2d 569· 8th Cir.· 1979-08-16 ·cited 18×·via Vagueness Of Statutes
  The court held that the defendant's actions in advising others on how to avoid federal income tax withholding were not protected by the First Amendment, an indictment was not required, and he was not illegally selectively prosecuted.
• Nat'l Crushed Stone Ass'n, Inc. v. Env't Prot. Agency
  601 F.2d 111· 4th Cir.· 1979-06-18 ·cited 18×·via Void For Vagueness Doctrine
  The court held that the EPA's TSS limitations for mine dewatering and process generated wastewater were invalid due to the agency's failure to provide the public with an opportunity to comment on the underlying data. The court also found the recycling provisions void for vaguenes
• A. B. A. Indus., Inc. v. City OF Pinellas Park
  366 So. 2d 761· Fla.· 1979-01-11 ·cited 18×
  The Florida Supreme Court affirmed the trial court's declaration that Section 171.0413(5) of the Florida Statutes, which governs municipal annexation of contiguous unincorporated territory, is unconstitutionally vague and ambiguous. The court held that the statute's key terms fai