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. Wyatt
  680 F.2d 1080· 5th Cir.· 1982-07-21 ·cited 16×
  The court held that all of Wyatt's challenges to his conviction arise under the Emergency Petroleum Allocation Act (EPAA) and its regulations, and therefore fall within the exclusive jurisdiction of the Temporary Emergency Court of Appeals (TECA), not this court.
• United States v. Prof'l AIR Traffic Controllers Org. (Patco)
  678 F.2d 1· 1st Cir.· 1982-05-13 ·cited 16×·via Void For Vagueness Doctrine
  The court held that the unconditional $5,000 fine imposed for civil contempt was punitive and impermissible in a civil proceeding, but the finding of civil contempt itself was valid.
• Martin v. State
  411 So. 2d 169· Fla.· 1982-01-21 ·cited 16×
  The Florida Supreme Court affirmed the conviction of Thomas William Martin for possession of marijuana found in his van during an agricultural inspection. The court upheld both the constitutionality of the agricultural inspection statute and the legality of the warrantless search
• Harmon W. Shields v. Nevin G. Smith
  404 So. 2d 1106· Fla. 1st DCA· 1981-10-08 ·cited 16×·via Vagueness Of Statutes
  Harmon Shields, former executive director of Florida's Department of Natural Resources, appeals a circuit court judgment forfeiting his state retirement benefits based on his federal conviction for Hobbs Act violations. The court affirms, holding that federal convictions can trig
• Brache v. Cnty. OF Westchester
  658 F.2d 47· 2d Cir.· 1981-08-18 ·cited 16×
  A district court should not adjudicate the constitutionality of an ordinance as applied to conduct for which a plaintiff has no standing, even if the plaintiff has standing to challenge the ordinance as applied to other conduct.
• Kropp Forge Co. v. Sec'y OF Labor & Occupational Safety & Health Review Comm'n
  657 F.2d 119· 7th Cir.· 1981-08-14 ·cited 16×
• Hickory Fire Fighters Ass'n v. The City OF Hickory
  656 F.2d 917· 4th Cir.· 1981-08-03 ·cited 16×
  The court held that the city's restrictions on the firefighters' association's speech at council meetings and the picketing ordinance may violate the First Amendment, and remanded for further factual determination.
• In re Establishment Inspection of Metro-East Mfg. Co. In The Matter of Establishment Inspection of Century Casting Corp.
  655 F.2d 805· 7th Cir.· 1981-08-03 ·cited 16×·via Vagueness Of Regulations
  The dissenting judge would reverse the district court's judgment, arguing that the regulation clearly permits the use of personal sampling devices.
• State v. Little
  400 So. 2d 197· Fla. 5th DCA· 1981-07-01 ·cited 16×·via Vagueness Of Statutes
  Florida appeals the dismissal of poaching charges against Robert Little, arguing that the poaching statute is not unconstitutionally vague. The appellate court reverses, holding that the statute clearly conveys what conduct is prohibited when read with common understanding and su
• Dodson v. Nat'l Transp. Safety Bd. & The Fed. Aviation Admin.
  644 F.2d 647· 7th Cir.· 1981-03-12 ·cited 16×·via Vagueness Challenge
  The court held that the NTSB's order denying the airman's medical certificate was supported by substantial evidence and that the relevant regulation was not unconstitutionally vague.
• State v. Riley
  381 So. 2d 1359· Fla.· 1980-03-27 ·cited 16×
  The Florida Supreme Court reversed a trial court's dismissal of a police officer's indictment for official misconduct, holding that the specific statutory subsection prohibiting knowing falsification of official records is not unconstitutionally vague, despite this Court's prior
• State v. Barnett
  366 So. 2d 411· Fla.· 1978-12-21 ·cited 16×
  The Florida Supreme Court held that the bookmaking statute (Fla. Stat. § 849.25(3)) is not unconstitutionally vague, that informations charging defendants with violating it were sufficiently specific, and that the trial court erred in discharging defendants on speedy trial ground
• United States v. Kirby
  587 F.2d 876· 7th Cir.· 1978-11-30 ·cited 16×·via Vagueness Of Statutes
  The court held that the indictment's conspiracy count was sufficient, that the objects of the conspiracy fell within federal jurisdiction, and that the false statement counts were constitutionally applied.
• State v. Cumming
  365 So. 2d 153· Fla.· 1978-11-22 ·cited 16×
  Florida's supreme court upheld a statute regulating possession of dangerous wildlife (ocelots) as constitutionally sufficient on its face, but invalidated its application by striking down the implementing administrative rules as unconstitutionally vague regarding permit issuance
• Pruitt v. State
  363 So. 2d 552· Fla.· 1978-09-28 ·cited 16×
  Ronald Pruitt appeals the trial court's denial of his motion to dismiss charges of battery on a firefighter under Florida Statute § 784.07, which imposes enhanced penalties for battery on law enforcement officers and firefighters. The Florida Supreme Court upheld the statute agai
• United States v. Edelson
  581 F.2d 1290· 7th Cir.· 1978-08-30 ·cited 16×·via Void For Vagueness Doctrine
  The court held that the defendant's false statements to the grand jury were material and that the government's conduct did not violate due process or constitute entrapment.
• Balthazar v. Superior Court OF the Commonwealth OF Mass.
  573 F.2d 698· 1st Cir.· 1978-04-04 ·cited 16×·via Void For Vagueness Doctrine
  The court held that the Massachusetts statute prohibiting "unnatural and lascivious acts" was unconstitutionally vague as applied to the petitioner's conduct of fellatio and oral-anal contact.
• United States v. Albanese
  554 F.2d 543· 2d Cir.· 1977-05-04 ·cited 16×
  The court held that a probation condition prohibiting association with 'law-abiding persons' was not unconstitutionally vague or overbroad as applied to the appellant's conduct. The court also held that the later sentence was not illegal, but modified it to limit the post-release
• Savage v. Commodity Futures Trading Comm'n
  548 F.2d 192· 7th Cir.· 1977-01-17 ·cited 16×
  A prior felony conviction, without more, establishes a prima facie case of unfitness for registration as a commodity trading advisor, and the applicant bears the burden of proving fitness.
• Main Road v. Aytch
  522 F.2d 1080· 3d Cir.· 1975-08-12 ·cited 16×
  The court held that a prison administrator cannot censor inmate communications with the press based on the content of the speech, and that any restrictions on such communication must be based on narrowly drawn, objective standards with a clear administrative review process.
• United States v. Persky
  520 F.2d 283· 2d Cir.· 1975-06-18 ·cited 16×·via Vagueness Of Statutes
  The court held that Section 10(b) and SEC Rule 10b-5 are not unconstitutionally vague and that the jury instruction regarding the 'in connection with' requirement was proper.
• Powell v. Stone
  507 F.2d 93· 9th Cir.· 1974-12-04 ·cited 16×
  The court held that evidence obtained from an arrest under an unconstitutional vagrancy ordinance must be excluded, and its admission in a murder trial was not harmless error.
• Wright v. Ark. Activities Ass'n (AAA)
  501 F.2d 25· 8th Cir.· 1974-07-16 ·cited 16×
  The court held that the Arkansas Activities Association's disciplinary ruling violated due process by imposing sanctions without fair notice of potential penalties for violating its regulations.
• United States v. Maude
  481 F.2d 1062· D.C. Cir.· 1973-05-24 ·cited 16×·via Void For Vagueness Doctrine
  The court held that the fabricated stamp qualified as a 'postmarking stamp' under 18 U.S.C. § 503, the admission of identification cards was lawful under the plain view doctrine, and the evidence was sufficient to support the jury's finding of criminal intent. The court also affi
• Fred Baughman as parent v. Freienmuth
  478 F.2d 1345· 4th Cir.· 1973-05-17 ·cited 16×
  The court held that the Montgomery County prior restraint regulation on student publications is unconstitutional due to vagueness and lack of procedural safeguards, and its enforcement must be enjoined.
• Dewayne Linwood v. The Bd. OF Educ. OF the City OF Peoria
  463 F.2d 763· 7th Cir.· 1972-06-16 ·cited 16×
  The court held that the Illinois statute authorizing school board expulsions for 'gross disobedience or misconduct' is constitutional when implemented by reasonably specific rules, and that the student's expulsion hearing met due process requirements.
• Rodriguez v. Seamans
  463 F.2d 837· D.C. Cir.· 1972-04-03 ·cited 16×
  The Government has the power to discharge a Veterans' Preference Act employee for falsifying official employment forms, as such falsification goes to the employee's reliability and promotes the efficiency of the service.
• Hall v. United States
  459 F.2d 831· D.C. Cir.· 1971-12-17 ·cited 16×
  The dissenting judge would hold that a search incident to an arrest under a statute later declared unconstitutional should not be invalidated retroactively if the police acted in good faith and with probable cause under the then-existing law.
• United States v. Quiroz
  449 F.2d 583· 9th Cir.· 1971-10-06 ·cited 16×
  The court held that the statutes prohibiting transporting firearms while under indictment are constitutional as applied, even if the underlying indictment is later dismissed, and that the definition of a firearm is not unconstitutionally vague.
• Honey v. Goodman
  432 F.2d 333· 6th Cir.· 1970-10-09 ·cited 16×
  The dissenting judge believes that § 1983 is not an exception to the prohibition in § 2283 against federal courts enjoining state proceedings.
• McSURELY v. Ratliff
  398 F.2d 817· 6th Cir.· 1968-07-29 ·cited 16×·via Vagueness
  The District Court erred in refusing to return documents seized in aid of a prosecution under an unconstitutional statute after the time for appeal had expired.
• Guyot v. Pierce
  372 F.2d 658· 5th Cir.· 1967-02-14 ·cited 16×
  The court held that Section 135 of the Uniform Traffic Regulation Code of the City of Jackson, Mississippi, is unconstitutionally void on its face due to vagueness and overbreadth.
• Dean Rubber Mfg. Co. v. United States
  356 F.2d 161· 8th Cir.· 1966-02-08 ·cited 16×·via Vagueness Of Statutes
  The court held that the interstate shipment of defective prophylactics, even with an administrative tolerance for defects, violates the Federal Food, Drug and Cosmetic Act, and that the Act is constitutional as applied.
• Palma v. United States
  261 F.2d 93· 5th Cir.· 1958-11-26 ·cited 16×·via Vagueness Of Statutes
  The court held that the statute and regulations were constitutional and not subject to the defendant's challenges.
• Times Film Corp. v. City OF Chicago
  244 F.2d 432· 7th Cir.· 1957-05-21 ·cited 16×
  The public exhibition of obscene moving pictures may be barred by a proper ordinance, and such a bar does not violate the exhibitor's First and Fourteenth Amendment rights.
• Herrera v. United States
  208 F.2d 215· 9th Cir.· 1953-11-19 ·cited 16×·via Void For Vagueness Doctrine
• AJ O'Laughlin v. Palm Beach Cnty.
  30 F.4th 1045· 11th Cir.· 2022-04-01 ·cited 15×
  The court held that the plaintiffs' speech, alleging corruption within the union and fire department, addressed a matter of public concern, and that the Social Media Policy was unconstitutionally overbroad on its face. However, the court affirmed the dismissal of the free associa
• Samples v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  114 So. 3d 912· Fla.· 2013-05-16 ·cited 15×·via Void For Vagueness Doctrine
  The Florida Supreme Court upheld the constitutionality of section 766.31(l)(b)1 of the Florida Birth-Related Neurological Injury Compensation Plan, which caps parental compensation at a single $100,000 award per claim regardless of the number of parents. The Court held that the l
• Simmons v. State
  886 So. 2d 399· Fla. 1st DCA· 2004-11-15 ·cited 15×·via Vagueness
  Michael John Simmons appealed his convictions under Florida Statutes sections 847.0135 and 847.0138, which criminalize luring minors online and transmitting harmful material to minors via electronic mail. The Florida First District Court of Appeal upheld the convictions, rejectin
• Dickerson v. State
  783 So. 2d 1144· Fla. 5th DCA· 2001-03-30 ·cited 15×·via Void For Vagueness Doctrine
  Mathew Dickerson challenged the constitutionality of Florida statutes enhancing penalties for drug offenses committed within 1,000 feet of a convenience business, arguing the definition of 'convenience business' was unconstitutionally vague. The Fifth District Court of Appeal uph
• State v. Watso
  788 So. 2d 1026· Fla. 2d DCA· 2001-03-14 ·cited 15×
  The State appeals the dismissal of charges against Watso for providing false information when attempting to purchase a firearm. Although the court held that the Florida Department of Law Enforcement properly promulgated the required form by adopting an ATF form, it affirmed the d
• Sw. Fla. Water Mgmt. Dist. v. Charlotte Cnty.
  774 So. 2d 903· Fla. 2d DCA· 2001-01-05 ·cited 15×·via Vagueness
  The Second District Court of Appeal reviews an ALJ's comprehensive 652-page order invalidating several water management district rules and agency statements governing water use permits. The court reverses portions of the ALJ's decision, finding that DEP has exclusive jurisdiction
• State v. O.C.
  748 So. 2d 945· Fla.· 1999-09-16 ·cited 15×·via Vagueness
  The Florida Supreme Court affirmed a Fifth District decision invalidating section 874.04, Florida's Criminal Street Gang Prevention Act, as unconstitutional. The statute allowed enhanced criminal penalties based solely on gang membership without requiring any nexus between the un
• Reyneldon J. Davis v. State
  710 So. 2d 635· Fla. 5th DCA· 1998-04-03 ·cited 15×·via Void For Vagueness Doctrine
  Davis was stopped for violating Florida's noise statute when an off-duty officer observed his vehicle's stereo audible from 175 feet away. Davis challenges the stop as unconstitutional, arguing the noise statute is void for vagueness and violates free speech rights. The court aff
• United States v. Weslie C. Mays
  902 F.2d 1501· 10th Cir.· 1990-05-07 ·cited 15×
  The court held that the defendant's sentence enhancement for his role in the offense was supported by sufficient evidence and that the terms in the sentencing guideline were not unconstitutionally vague.
• United States v. BAY State Ambulance & Hosp. Rental Serv., Inc.
  874 F.2d 20· 1st Cir.· 1989-05-02 ·cited 15×
  The court held that the admission of the 'Outline of Projects' was not an abuse of discretion, and the jury instructions regarding corrupt intent and primary improper purpose were not reversible error.
• State v. Long
  544 So. 2d 219· Fla. 2d DCA· 1989-03-31 ·cited 15×·via Void For Vagueness Doctrine
  Florida appealed the trial court's dismissal of an amended information charging defendants with violating Florida's obscenity statute and RICO Act. The court reversed, holding that the obscenity statute is constitutional, that defendants have standing to assert their customers' p
• Hershey v. City OF Clearwater
  834 F.2d 937· 11th Cir.· 1987-12-21 ·cited 15×
  The court held that the ordinance prohibiting lodging in vehicles in public areas, after severing the 'or sleep' provision, was constitutional and that probable cause existed for the arrest.
• Pesce v. J. Sterling Morton High Sch.
  830 F.2d 789· 7th Cir.· 1987-10-02 ·cited 15×
  The court held that the plaintiff's procedural and substantive due process rights were not violated, nor was his privacy right, as the school board provided adequate process and did not impose unconstitutionally vague or conflicting obligations.
• United States v. Sutton
  795 F.2d 1040· Temp. Emer. Ct. App.· 1986-06-11 ·cited 15×
  The court affirmed in part and reversed in part, remanding for recalculation of the award based on specific evidentiary issues.