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

• Trushin v. State
  384 So. 2d 668· Fla. 3d DCA· 1980-05-20 ·cited 14×
  Theodore Trushin, a lawyer, was convicted of violating Florida Statute § 104.061(2) by offering to prepare a free will for apartment residents in exchange for pledging their votes to two judicial candidates. The Florida appellate court affirmed his conviction, holding that the st
• Turner Street and David Street v. State
  383 So. 2d 900· Fla.· 1980-03-20 ·cited 14×·via Vagueness
  Turner Street and David Street appealed their convictions for battery upon a law enforcement officer under Florida Statute Section 784.07. The Florida Supreme Court affirmed their convictions, rejecting constitutional challenges to the statute based on equal protection, vagueness
• Shultz v. Sec. & Exch. Comm'n
  614 F.2d 561· 7th Cir.· 1980-01-07 ·cited 14×
  The court held that the Securities and Exchange Commission's order affirming the Exchange's disciplinary action was supported by substantial evidence and that the Exchange rules were not unconstitutionally vague.
• United States v. van Buren
  593 F.2d 125· 9th Cir.· 1979-03-20 ·cited 14×
  The court held that the statute prohibiting unlicensed firearms dealing is not unconstitutionally vague, as the distinction between collecting and dealing is recognized in law and supported by the facts.
• State v. Shallan M. Shamrani
  370 So. 2d 1· Fla.· 1979-03-08 ·cited 14×
  The court held that section 827.04(3), Florida Statutes (1977), is constitutional as construed, requiring that proscribed acts be performed under circumstances a person of common understanding would know would cause or contribute to delinquency.
• Zuppardi v. State
  367 So. 2d 601· Fla.· 1978-10-26 ·cited 14×·via Vagueness Challenge
  Appellants challenged the constitutionality of Florida's bookmaking statute as vague and overbroad, and challenged wiretap authorization and consent procedures used in their gambling investigation. The Florida Supreme Court upheld the statute's constitutionality and affirmed the
• First Amendment Found. OF Fla., Inc. v. State
  364 So. 2d 450· Fla.· 1978-10-12 ·cited 14×·via Vagueness Challenge
  The Florida Supreme Court upheld the conviction of First Amendment Foundation of Florida, Inc. for distributing obscene films under Florida Statutes Section 847.07. The court rejected constitutional challenges to both the obscenity statute's vagueness and the statute authorizing
• Brunelle v. State
  360 So. 2d 70· Fla.· 1978-05-26 ·cited 14×
  The court held that Section 787.02, Florida Statutes (1975), defining false imprisonment, is not unconstitutionally vague or ambiguous.
• United Parcel Serv. OF Ohio, Inc. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  570 F.2d 806· 8th Cir.· 1978-02-17 ·cited 14×·via Void For Vagueness Doctrine
  The court held that while the safety standard was valid, the Commission's order requiring all employees to wear steel-toed safety shoes was overbroad and an abuse of discretion given the specific circumstances.
• Harrington & Co., Inc. v. Tampa Port Auth.
  358 So. 2d 168· Fla.· 1978-01-19 ·cited 14×·via Vagueness Of Statutes
  The court held that Section 310.28, Florida Statutes (1973), is unconstitutionally vague because it delegates licensing power without sufficient specific standards, allowing for arbitrary exercise.
• Robinson v. Parsons
  560 F.2d 720· 5th Cir.· 1977-10-11 ·cited 14×
  The court held that the Birmingham City Ordinance 67-2 was constitutional and the materials sold were obscene under applicable standards.
• United States v. Bishop
  555 F.2d 771· 10th Cir.· 1977-05-05 ·cited 14×
  The court held that the 1950 Presidential proclamation of a national emergency, based on the Korean conflict and communist aggression, did not provide fair notice to the defendant for sabotage committed in 1969, rendering the application of the statute unconstitutional.
• In the Interest of Linda Faye Hutchins
  345 So. 2d 703· Fla.· 1977-03-24 ·cited 14×
  The Florida Supreme Court upheld the constitutionality of the ungovernability statute but held that a child alleged to be ungovernable is entitled to counsel at the first adjudicatory hearing if that hearing may be used as a basis for a subsequent delinquency adjudication. The co
• State v. Weeks
  335 So. 2d 274· Fla.· 1976-07-08 ·cited 14×·via Vagueness Challenge
  Dr. Percy Weeks, a licensed physician charged with seventeen counts of unlawfully delivering controlled substances, challenged the constitutionality of Florida's drug statute, arguing that the "good faith" standard for medical practitioners was unconstitutionally vague. The Flori
• United States v. Friedman
  506 F.2d 511· 8th Cir.· 1974-11-18 ·cited 14×
  The court held that the federal obscenity statutes are not unconstitutionally vague or violative of First Amendment rights, and that the evidence was sufficient to sustain conspiracy convictions. Double jeopardy and collateral estoppel do not bar conspiracy convictions after acqu
• Wishart v. McDONALD
  500 F.2d 1110· 1st Cir.· 1974-07-10 ·cited 14×·via Vagueness Challenge
  A tenured teacher's dismissal for public conduct deemed unbecoming, even if occurring on private property, is not arbitrary or capricious and does not violate due process if the conduct could reasonably be seen as affecting his ability to teach.
• State v. Balint Papp
  298 So. 2d 374· Fla.· 1974-06-12 ·cited 14×
  The court held that Florida Statute Section 847.011(1)(a) provides sufficient notice and is constitutional when the word 'immoral' is eliminated.
• Traylor v. City OF Amarillo
  492 F.2d 1156· 5th Cir.· 1974-04-19 ·cited 14×
  The court held that the city's demolition of property under its ordinances, without a prior judicial determination of nuisance, did not violate the Fourteenth Amendment's due process clause, provided adequate notice and opportunity to comply were given.
• The Black Coal. v. Portland Sch. Dist. NO. 1
  484 F.2d 1040· 9th Cir.· 1973-09-25 ·cited 14×
  The court held that while brief student suspensions without a prior hearing are permissible, expulsion procedures must afford due process, including the right to counsel and cross-examination. The court affirmed the district court's finding that expulsion procedures were unconsti
• United States v. Margraf
  483 F.2d 708· 3d Cir.· 1973-06-20 ·cited 14×
  The court held that 49 U.S.C. § 1472(l) does not require proof of specific intent to carry a concealed deadly or dangerous weapon, and that a seven-and-a-half-inch folding pocketknife can be considered a deadly or dangerous weapon in the context of air travel security.
• State v. Welch
  279 So. 2d 11· Fla.· 1973-06-06 ·cited 14×
  Florida's Supreme Court held that possession and delivery of cannabis were prohibited under Florida's Drug Abuse Law prior to the October 1, 1972 amendments, and that the statutory language incorporating drugs "controlled by this chapter" was sufficiently clear to avoid vagueness
• Siamack Zaimi v. United States
  476 F.2d 511· D.C. Cir.· 1973-02-07 ·cited 14×
  The court held that the conviction could not stand because the statute under which the appellant was charged was not intended to prohibit the actions for which he was convicted.
• United States v. McSURELY
  473 F.2d 1178· D.C. Cir.· 1972-12-20 ·cited 14×
  The court held that the convictions for contempt must be reversed because the government failed to establish the pertinency of the subpoenaed demands to the valid subject of the legislative inquiry.
• LeFLORE v. Robinson
  446 F.2d 715· 5th Cir.· 1971-06-25 ·cited 14×·via Vagueness
  The court vacated its original opinion and remanded for reconsideration in light of recent Supreme Court decisions regarding federal interference with state prosecutions.
• Riseman v. Sch. Comm. OF the City OF Quincy
  439 F.2d 148· 1st Cir.· 1971-03-11 ·cited 14×
  The court held that the school's regulation, as applied to student political speech, was unconstitutional.
• Smith v. State
  239 So. 2d 250· Fla.· 1970-09-16 ·cited 14×
  The Florida Supreme Court upheld the constitutionality of Florida's vagrancy statute against a vagueness challenge brought by defendants convicted under a provision prohibiting wandering and strolling without lawful purpose. The court affirmed the convictions, reaffirming its ear
• Coleman v. Ginsberg
  428 F.2d 767· 2d Cir.· 1970-06-22 ·cited 14×
  The court held that while abstention was appropriate, the district court should have retained jurisdiction rather than dismissing the case.
• Gov't of the Virgin Islands v. Aleida Rodriguez
  423 F.2d 9· 3d Cir.· 1970-03-12 ·cited 14×·via Vagueness Of Statutes
  The court held that the government must prove defendants knew the house was a house of ill fame to convict them under the vagrancy statute, and that the evidence presented was sufficient to support this finding.
• Johnson v. State
  202 So. 2d 852· Fla.· 1967-10-04 ·cited 14×·via Void For Vagueness Doctrine
  The court held that while the vagrancy statute is constitutional on its face, its application in this specific case was unconstitutional.
• Katz v. United States
  369 F.2d 130· 9th Cir.· 1966-11-17 ·cited 14×·via Void For Vagueness Doctrine
  The court held that attaching microphones to the outside of public telephone booths to record conversations did not violate the Fourth Amendment, and that the search warrant was validly issued and executed.
• United States v. Jones
  365 F.2d 675· 2d Cir.· 1966-08-04 ·cited 14×
  The court held that New York Penal Law § 722(2), as construed by the New York Court of Appeals, is not unconstitutionally overbroad or vague and that the evidence was sufficient to sustain the disorderly conduct convictions.
• United States v. Fisher
  353 F.2d 396· 5th Cir.· 1965-11-26 ·cited 14×
  The dissenting judge believes the statutes are too vague regarding the weapon, requiring a factual determination of its type.
• Keyishian v. Bd. OF Regents OF the Univ. OF the State OF NEW York
  345 F.2d 236· 2d Cir.· 1965-05-03 ·cited 14×
  The court held that the district court erred in refusing to convene a three-judge court, as substantial federal questions regarding the constitutionality of state loyalty statutes were presented.
• Robinson v. Fed. Commc'ns Comm'n
  334 F.2d 534· D.C. Cir.· 1964-03-19 ·cited 14×·via Vagueness Of Statutes
• United States v. Ryan
  232 F.2d 481· 2d Cir.· 1956-04-26 ·cited 14×
  The court held that the statute prohibiting employer payments to union representatives was not unconstitutionally vague and that the evidence supported a finding of wilful receipt of payments.
• State v. Catalano
  60 So. 3d 1139· Fla. 2d DCA· 2011-05-11 ·cited 13×
  The Florida Second District Court of Appeal denied the State's petition for certiorari challenging a circuit court's decision that section 316.3045, which restricts car stereo volume on public streets, is unconstitutional. The court held the statute is both facially vague under t
• Jones v. Williams Pawn & GUN, Inc.
  800 So. 2d 267· Fla. 4th DCA· 2001-10-10 ·cited 13×·via Vagueness Challenge
  Section 790.17, Florida Statutes, prohibiting the sale of firearms to persons of unsound mind, is not unconstitutionally vague as applied. The statute provides fair notice under its plain and ordinary meaning—derived from Black's Law Dictionary defining "unsound mind" as describi
• State v. Olson
  586 So. 2d 1239· Fla. 1st DCA· 1991-09-20 ·cited 13×
  The Florida Court of Appeal reversed a trial court's dismissal of charges against a newspaper reporter for receiving an unauthorized written note from a jail inmate, holding that Florida Statute § 951.22's prohibition on receiving written communications from inmates is constituti
• Artist M. v. Johnson
  917 F.2d 980· 7th Cir.· 1990-10-29 ·cited 13×
  The 'reasonable efforts' clause of the Adoption Assistance and Child Welfare Act of 1980 is too ambiguous to create an enforceable right under the Act or § 1983.
• State v. Dodd
  561 So. 2d 263· Fla.· 1990-05-08 ·cited 13×
  The Florida Supreme Court struck down a statute prohibiting candidates for statewide and legislative office from accepting or soliciting campaign contributions during legislative sessions, finding it violated First Amendment free speech and associational rights. The Court held th
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• United States v. Hogue
  752 F.2d 1503· 9th Cir.· 1985-02-08 ·cited 13×
  The court held that the regulation prohibiting intoxication in a national park area was not unconstitutionally vague as applied to the defendant's conduct, and the evidence was sufficient to support her conviction.
• Watts v. State
  463 So. 2d 205· Fla.· 1985-01-24 ·cited 13×
  The Florida Supreme Court affirmed the constitutionality of Florida's loitering and prowling statute, section 856.021, finding it sufficiently distinct from a vagueness-challenged California statute. The court held that the Florida statute, as previously interpreted, requires pro
• Moosbrugger v. State
  461 So. 2d 1033· Fla. 2d DCA· 1985-01-11 ·cited 13×
  A deputy sheriff was convicted under Florida's official misconduct statute for failing to properly report a recovered stolen radio. The appellate court reversed the conviction, holding that the statute's prohibition on public servants "knowingly refraining" from performing duties
• del Percio v. The City OF Daytona Beach
  449 So. 2d 323· Fla. 5th DCA· 1984-03-29 ·cited 13×
  The Florida District Court of Appeal reversed convictions under a Daytona Beach ordinance prohibiting exposure of female breasts below the areola in establishments serving alcohol, finding the ordinance unconstitutionally vague and overbroad because lower courts had interpreted i
• Knutson v. Lou V. Brewer
  619 F.2d 747· 8th Cir.· 1980-04-17 ·cited 13×·via Void For Vagueness Doctrine
  A state court's interpretation of a criminal statute, even if not previously explicit, does not violate due process or the ex post facto clause if the interpretation is a common-sense reading of the statutory language and the conduct was clearly unlawful.
• Roger diLEO v. Greenfield
  541 F.2d 949· 2d Cir.· 1976-09-01 ·cited 13×
  The dissenting judge believes the federal court should have abstained, allowing state courts to construe the teacher termination statute, rather than affirming the judgment based on a federal court's narrow interpretation.
• State v. Alvarez
  42 Fla. Supp. 83· Dade Cty. Cir. Ct.· 1975-05-08 ·cited 13×
  The Dade County Circuit Court granted defendants' motion to dismiss charges of violating Florida's unnatural and lascivious conduct statute (§800.02) arising from consensual homosexual activity in a private club. The court found the statute unconstitutionally vague, particularly
• Christian v. State
  272 So. 2d 852· Fla. 4th DCA· 1973-02-08 ·cited 13×·via Vagueness Of Statutes
  James Edward Christian was convicted of first-degree murder for killing a woman during an attempted sexual assault. The Fourth District Court of Appeal reversed his conviction because the felony murder theory used at trial was based on Florida's unconstitutional "crime against na
• United States v. Hyman Lebman
  464 F.2d 68· 5th Cir.· 1972-06-02 ·cited 13×
  The court held that the statutory provisions under which the appellant was convicted are constitutional and supported by Congress's commerce power, even when regulating intrastate transactions.