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

• Garner v. White
  726 F.2d 1274· 8th Cir.· 1984-01-25 ·cited 10×
  The court held that Arkansas Acts 78 and 946, regulating drug paraphernalia, are not unconstitutionally vague or overbroad, satisfying due process requirements.
• Welton v. Crispus NIX
  719 F.2d 969· 8th Cir.· 1983-10-31 ·cited 10×
  The court held that the Iowa courts' interpretation of the willful injury statute was not so unexpected or outlandish as to violate the Due Process Clause.
• Educ. Servs., Inc. v. Md. State Bd. FOR Higher Educ.
  710 F.2d 170· 4th Cir.· 1983-06-23 ·cited 10×·via Vagueness Challenge
  The court held that the district court erred in abstaining from hearing the case, as neither Burford nor Pullman abstention doctrines applied. The court affirmed the denial of the default judgment motion.
• United States v. Curcio
  712 F.2d 1532· 2d Cir.· 1983-06-22 ·cited 10×·via Void For Vagueness Doctrine
  The court held that certain constitutional claims, like vagueness and prejudicial publicity, may be properly reserved under a conditional guilty plea, but claims regarding statutory presumptions and conspiracy liability (Pinkerton) require a factual record and cannot be abstractl
• Hartnett, Inc. v. Dep't OF Ins. OF the State of Fla.
  432 So. 2d 155· Fla. 3d DCA· 1983-05-10 ·cited 10×·via Vagueness Challenge To Statute
  The court held that Section 626.734, Florida Statutes (1981) is constitutional and that there was sufficient evidence to support the jury's finding of individual liability for unpaid insurance premiums.
• The Gen. Stores, Inc. v. Bingaman
  695 F.2d 502· 10th Cir.· 1982-12-15 ·cited 10×
  The court held that the New Mexico Drug Paraphernalia Act is not unconstitutionally vague or overbroad and does not violate the First Amendment.
• Spartacus, Inc. v. Borough OF McKEES Rocks
  694 F.2d 947· 3d Cir.· 1982-12-10 ·cited 10×·via Void For Vagueness Doctrine
  The court affirmed the district court's denial of a preliminary injunction because the appellants failed to demonstrate a reasonable probability of success on the merits or irreparable harm.
• State v. Tate
  420 So. 2d 116· Fla. 2d DCA· 1982-10-08 ·cited 10×
  The court held that the bookmaking statute is constitutional, not vague, and does not violate equal protection when construed to apply only to those engaged in the business of bookmaking.
• NEW England Accessories Trade Ass'n, Inc. v. Tierney
  691 F.2d 35· 1st Cir.· 1982-09-28 ·cited 10×
  The court held that the Maine Drug Paraphernalia Act, as interpreted to require the defendant's intent, is facially valid and not unconstitutionally vague.
• Lofton v. State
  416 So. 2d 522· Fla. 4th DCA· 1982-07-28 ·cited 10×
  The court held that the amended Arson Statute, Section 806.01(1)(a), Florida Statutes (1979), is constitutional because substituting 'unlawful' for 'malicious' provides an adequate standard of proscribed conduct and the term 'contents' is not vague.
• Greenway v. State
  413 So. 2d 23· Fla.· 1982-04-08 ·cited 10×·via Vagueness Challenge To Statute
  The court held that section 944.47, Florida Statutes (Supp.1978) is not unconstitutionally vague as applied to the appellant's conduct of smuggling contraband into a prison.
• Simmons v. The Div. OF Pari-Mutuel Wagering
  407 So. 2d 269· Fla. 3d DCA· 1981-12-08 ·cited 10×
  Horse owners and trainers challenged Section 550.241, Florida Statutes, which prohibits racing animals with drugs or any substance foreign to the natural animal. The court held that while the drug prohibition was constitutional, the absolute ban on any foreign substance was uncon
• Tenney v. State
  395 So. 2d 1244· Fla. 2d DCA· 1981-03-25 ·cited 10×·via Vagueness Challenge
  Richard Tenney, a city commissioner, challenged the constitutionality of Fla. Stat. § 112.313(6) (prohibiting corrupt misuse of public office), and the Commission on Ethics appealed a ruling that struck its probable cause finding as procedurally deficient. The court upheld the st
• Deering Milliken, Inc. v. Occupational Safety & Health Review Comm'n & F. Ray Marshall
  630 F.2d 1094· 5th Cir.· 1980-11-19 ·cited 10×
  The court held that Section 6(f) of OSHA does not bar a procedural challenge to a regulation's validity in an enforcement proceeding, and that the Secretary's revisions to the Walsh-Healey standard were not substantive modifications requiring Section 6(b) procedures.
• Smith v. Price
  616 F.2d 1371· 5th Cir.· 1980-05-16 ·cited 10×
  The court's holding, as assumed by the panel, was that the Constitution guarantees the right to commit adultery, which the concurring judge believes is erroneous.
• Nat'l Collegiate Athletic Ass'n v. Califano
  622 F.2d 1382· 10th Cir.· 1980-04-17 ·cited 10×·via Constitutional Vagueness
• Glenwood von Edwards v. State
  377 So. 2d 684· Fla.· 1979-11-21 ·cited 10×·via Vagueness Challenge To Statute
  The Florida Supreme Court upheld the constitutionality of Florida's burglary statute against charges that it was unconstitutionally vague and overbroad. The appellant was charged with burglary of a conveyance by taking apart a portion of a motor vehicle with intent to commit larc
• Cont'l Bank & Tr. Co. for the Lot Purchasers v. Am. Bonding Co.
  605 F.2d 1049· 8th Cir.· 1979-08-29 ·cited 10×·via Vagueness and Indefiniteness
  The surety is liable on the performance bonds, but the measure of damages awarded by the district court was erroneous and requires redetermination.
• State v. Appelbaum
  366 So. 2d 443· Fla.· 1979-01-04 ·cited 10×·via Unconstitutional Vagueness
• Citizens FOR A Better Env't v. Vill. OF Schaumburg
  590 F.2d 220· 7th Cir.· 1978-12-01 ·cited 10×·via Vagueness
  A village ordinance requiring that 75% of charitable solicitation proceeds be used directly for charitable purposes is unconstitutional on its face as applied to organizations that combine solicitation with information gathering and advocacy, because it unduly infringes on First
• United States v. Capanegro
  576 F.2d 973· 2d Cir.· 1978-05-15 ·cited 10×
  The court held that the term 'employed' in 29 U.S.C. § 501(c) is not limited to common law employees and can include independent contractors whose relationship with the union is sufficiently close.
• Lister v. Lucey
  575 F.2d 1325· 7th Cir.· 1978-05-04 ·cited 10×
  The court held that abstention was no longer appropriate and the district court should hear the merits of the damage claims, as the plaintiffs' pursuit of state non-judicial remedies was unduly burdensome and inconsistent with federal policy.
• Wis. Elec. Power Co. v. Occupational Safety & Health Review Comm'n & the Sec'y of Labor
  567 F.2d 735· 7th Cir.· 1977-12-14 ·cited 10×
  The court held that the company committed a serious violation of OSHA by failing to ground or barricade its electric line truck when working near energized lines, as required by 29 C.F.R. § 1926.955(a)(6)(ii).
• United States v. Trudell
  563 F.2d 889· 8th Cir.· 1977-10-12 ·cited 10×
  The court affirmed the conviction for criminal contempt, finding the Standing Order was not vague or overbroad as applied, the evidence was sufficient to establish obstruction, and the sentence was not excessive.
• Naprstek v. The City OF Norwich
  545 F.2d 815· 2d Cir.· 1976-11-22 ·cited 10×
  The court held that the district court erred in abstaining from deciding the constitutional issues, as the ordinance was void for vagueness due to the lack of a termination time, and thus federal adjudication was necessary.
• McDONALD v. The United States
  531 F.2d 490· Ct. Cl.· 1976-02-18 ·cited 10×·via Vagueness Of Statutes
  The court held that the Uniform Code of Military Justice's combination of roles for the convening authority does not, on the facts presented, violate the Due Process Clause.
• Ciccarelli v. The City OF KEY W.
  321 So. 2d 472· Fla. 3d DCA· 1975-10-28 ·cited 10×
  Ciccarelli was convicted under a Key West ordinance prohibiting loitering that impedes passage. The Florida District Court of Appeal, Third District, held that the ordinance violated the Fourteenth Amendment's due process guarantee because it lacked sufficiently restrictive stand
• Am. Mini Theatres, Inc. v. Gribbs
  518 F.2d 1014· 6th Cir.· 1975-06-16 ·cited 10×·via Vagueness
  The court held that the Detroit ordinance's 1000-foot provision, which restricts the concentration of adult businesses, is a permissible time, place, and manner regulation that does not violate the First Amendment or Equal Protection Clause.
• Glenn v. Reubin O'D. Askew
  513 F.2d 61· 5th Cir.· 1975-05-21 ·cited 10×
  The court held that the appellee failed to exhaust his state court remedies before seeking federal habeas corpus relief.
• Ricci v. The United States
  507 F.2d 1390· Ct. Cl.· 1974-12-18 ·cited 10×·via Void For Vagueness Doctrine
  The court held that the plaintiff's discharge was supported by substantial evidence, that the Navy complied with procedural requirements, and that the regulations prohibiting 'gambling' and 'promotion of gambling' were not unconstitutionally vague.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×·via Void For Vagueness Doctrine
• United States v. Graham F. Jarman, Jr.
  491 F.2d 764· 4th Cir.· 1974-01-28 ·cited 10×
  The court held that the regulation prohibiting hunting over baited areas was not unconstitutionally vague, that defendants were not entitled to a jury trial for a petty offense, and that the evidence was sufficient to convict them of hunting over a baited area.
• Tollett v. United States
  485 F.2d 1087· 8th Cir.· 1973-10-02 ·cited 10×
  The court held that 18 U.S.C. § 1718 is unconstitutionally overbroad and vague, violating the First Amendment's guarantee of free expression.
• People Acting Through Community Effort v. Doorley
  468 F.2d 1143· 1st Cir.· 1972-11-15 ·cited 10×
  The court held that the ordinance's exception for labor picketing while prohibiting other residential picketing violates the Equal Protection Clause.
• Schneider v. Laird
  453 F.2d 345· 10th Cir.· 1972-01-06 ·cited 10×
  The court held that the military regulation allowing a commander to restrict on-base publication distribution is constitutional and its application in this case did not violate constitutional principles.
• Talbot M. VAN Cott v. Hon. B. J. Driver
  243 So. 2d 457· Fla. 2d DCA· 1971-01-15 ·cited 10×
  Van Cott, charged with possessing firearms as a convicted felon, petitioned for prohibition challenging the constitutionality of Florida Statute § 790.23. The court held the statute's phrase "or other similar offense" was unconstitutionally vague under the Due Process Clause beca
• United States v. Fiore
  434 F.2d 966· 1st Cir.· 1970-12-04 ·cited 10×
  The court held that the federal anti-loan sharking statute (18 U.S.C. § 894) is a constitutional exercise of Congress's power under the Commerce Clause and the Bankruptcy Clause. The defendant's challenges to the statute's constitutionality and his conviction were rejected.
• Wilson v. Millard Gooding
  431 F.2d 855· 5th Cir.· 1970-08-19 ·cited 10×·via Vagueness
  The court held that a single district judge has jurisdiction to hear a habeas corpus petition challenging the constitutionality of a state statute, and affirmed the district court's finding that the statute was unconstitutionally vague and overbroad.
• Comstock v. United States
  419 F.2d 1128· 9th Cir.· 1969-12-09 ·cited 10×
  The court held that the Washington unlawful assembly statute is not unconstitutional on its face, as its terms have well-established common law definitions and can be constitutionally interpreted.
• Guillory v. Wilson
  402 F.2d 34· 9th Cir.· 1968-09-25 ·cited 10×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the conviction for attempting to bribe an officer.
• Worthy v. United States
  409 F.2d 1105· D.C. Cir.· 1968-08-06 ·cited 10×·via Vagueness Of Statutes
  The dissenting judge would hold that a search incident to an arrest under a potentially unconstitutional vagrancy statute is unreasonable under the Fourth Amendment, and the evidence seized should be excluded.
• Everline Lewis and Margaret Truss v. The Hous. Auth. OF the City OF Talladega
  397 F.2d 178· 5th Cir.· 1968-06-26 ·cited 10×
  The court held that the case was not moot and that the trial court should address the constitutionality of the new eligibility rules, as well as the original claims, after allowing parties to amend pleadings.
• Talmanson v. United States
  386 F.2d 811· 1st Cir.· 1967-12-11 ·cited 10×
  The court affirmed the conviction, holding that the appellant could not challenge the validity of selective service regulations on due process grounds because the issue was not raised at trial and he lacked standing.
• Captain Howard Brett Levy v. Honorable Howard F. Corcoran
  389 F.2d 929· D.C. Cir.· 1967-06-07 ·cited 10×·via Constitutional Vagueness
  The court denied the petition for a writ of mandamus and application for a stay, finding that the petitioner had an adequate remedy at law and that the court lacked jurisdiction to grant injunctive relief against military proceedings.
• Lafayette Radio Elecs. Corp. v. The United States & the Fed. Commc'ns Comm'n
  345 F.2d 278· 2d Cir.· 1965-04-26 ·cited 10×·via Unconstitutional Vagueness
  The FCC regulation prohibiting hobby use of Citizens Radio Service is permissible under the Communications Act and does not violate the First Amendment or vagueness challenges.
• Fincher v. Belk-Sawyer Co.
  127 So. 2d 130· Fla. 3d DCA· 1961-02-27 ·cited 10×·via Vagueness and Indefiniteness
  The court held that provisions left for future agreement, such as the establishment of certain services and the amount of additional compensation, did not render the entire contract unenforceable because they were not essential to the core agreement.
• United States v. Lauer
  287 F.2d 633· 7th Cir.· 1961-02-08 ·cited 10×·via Vagueness and Indefiniteness
  The court held that the defendant's constitutional challenges were moot, the burden was on him to prove exemption, the denial of acquittal motions in the jury's presence was not reversible error, and the government properly admitted exhibits and did not need to prove the existenc
• Reffkin v. Boyce
  104 Fla. 221· Fla.· 1932-02-11 ·cited 10×
  John Reffkin sought habeas corpus discharge, challenging the constitutionality of a Florida statute prohibiting fraud through false claims of possessing secret or advance information. The Florida Supreme Court upheld the statute as sufficiently definite and the indictment as char
• O.p.-G. v. State
  290 So. 3d 950· Fla. 3d DCA· 2019-10-16 ·cited 9×
  The appellate court affirmed a juvenile's delinquency finding for disrupting a school function. The court held that the statute prohibiting disruption of school functions applies to off-campus conduct that creates a foreseeable risk of substantial disruption to school activities,
• Fraternal Order of Police v. City of Miami
  243 So. 3d 894· Fla.· 2018-05-17 ·cited 9×·via Void For Vagueness Doctrine
  Section 447.4095 is not void for vagueness and does not violate substantive due process or equal protection. The statute is constitutional because the legislature permissibly delegated to PERC the authority to define "financial urgency" based on its expertise, and the statute sat