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

• Blackwelder v. Safnauer
  866 F.2d 548· 2d Cir.· 1989-01-23 ·cited 8×
  The court held that the case was not moot despite new regulations, as the underlying issues and the parties' legal interests remained. The court affirmed the denial of the motion to vacate the judgment as moot.
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  852 F.2d 1332· D.C. Cir.· 1988-07-29 ·cited 8×
  The court upheld the FCC's generic definition of indecency but vacated its new channeling approach, finding it inadequately justified and potentially violative of the First Amendment.
• Howell v. State BAR OF Tex.
  843 F.2d 205· 5th Cir.· 1988-04-27 ·cited 8×
  The court held that Disciplinary Rule 1-102(A)(5) of the Texas Supreme Court's disciplinary scheme is not unconstitutionally overbroad or vague as applied to attorneys.
• Jeffers v. Ricketts
  832 F.2d 476· 9th Cir.· 1987-11-09 ·cited 8×·via Vagueness Challenge To Statute
  The Arizona Supreme Court's construction of A.R.S. § 13-703(F)(6) to find aggravating circumstances was not unconstitutional, and federal courts should apply a deferential standard of review to such findings.
• Jones v. Cont'l Ins.
  670 F. Supp. 937· S.D. Fla.· 1987-09-22 ·cited 8×·via Vagueness Of Statutes
  The court held that Florida Statutes Section 624.155(1)(b)(1) applies to first-party actions and is not unconstitutionally vague or overbroad, and that the plaintiff stated a claim under it. The court also dismissed claims for intentional infliction of emotional distress and tort
• DeWEESE v. Town OF Palm Beach
  812 F.2d 1365· 11th Cir.· 1987-03-23 ·cited 8×·via Vagueness
  The court held that the Town of Palm Beach's ordinance prohibiting individuals from appearing in public without covering their upper bodies is unconstitutional as applied to male joggers because it is not rationally related to any legitimate government interest.
• United States v. Freeman
  808 F.2d 1290· 8th Cir.· 1987-01-08 ·cited 8×
  The Child Protection Act is constitutional and does not require proof of obscenity; its definition of 'minor' is rationally related to a legitimate governmental interest.
• Falzone v. State
  500 So. 2d 1337· Fla.· 1987-01-05 ·cited 8×·via Vagueness Challenge
  Sam Falzone was indicted for failing to file a statement of organization as a political committee under Florida's Campaign Finance Law. He challenged the constitutionality of the statute as vague and overbroad, but the Florida Supreme Court upheld the law's facial validity, rejec
• Nelson v. United States
  796 F.2d 164· 6th Cir.· 1986-07-15 ·cited 8×
  The court held that 26 U.S.C. § 6702 applies to taxpayers claiming a war tax deduction and does not violate the First Amendment free exercise of religion or the Fifth Amendment due process rights.
• Citizens FOR John W. Moore Party v. Bd. OF Election Comm'rs OF the City OF Chicago
  794 F.2d 1254· 7th Cir.· 1986-07-08 ·cited 8×·via Vagueness Of Statutes
  Illinois Election Code § 10-4, prohibiting individuals from circulating petitions for more than one party in an election season, does not unconstitutionally burden First Amendment rights of speech and association.
• Boston Teachers Union, Local 66, AFT, AFL-CIO v. Edgar
  787 F.2d 12· 1st Cir.· 1986-03-27 ·cited 8×·via Vagueness
  The court held that the case was moot because the underlying dispute had ended and there was no longer a live controversy, and the exceptions to the mootness doctrine did not apply.
• Keeffe v. Library OF Congress
  777 F.2d 1573· D.C. Cir.· 1985-12-03 ·cited 8×
  The Library of Congress acted within its authority in interpreting its regulations to prohibit partisan political activity by CRS Analysts, but it failed to provide fair notice to Keeffe regarding the application of this interpretation to her specific situation.
• State v. Greco
  479 So. 2d 786· Fla. 2d DCA· 1985-11-15 ·cited 8×·via Unconstitutional Vagueness
  Florida appealed from a county court order declaring Section 106.03 of the Florida Statutes unconstitutional and dismissing an indictment against individuals for failing to file a political committee statement of organization. The District Court of Appeal reversed, holding the st
• State v. Short
  483 So. 2d 10· Fla. 2d DCA· 1985-10-25 ·cited 8×·via Vagueness Of Statutes
  The Florida Second District Court of Appeal reversed a trial court's dismissal of an indictment against a sheriff for official misconduct, holding that Florida's official misconduct statute—specifically the provision criminalizing falsification of official records—is constitution
• Trushin v. State
  475 So. 2d 1290· Fla. 3d DCA· 1985-09-17 ·cited 8×
  The court held that Florida Statute § 63.212(1)(a) is constitutional both as applied and on its face, and sufficiently specific to notify persons of ordinary intelligence that transferring a child for out-of-state adoption is prohibited.
• Hill v. The City OF Houston
  764 F.2d 1156· 5th Cir.· 1985-07-11 ·cited 8×·via Vagueness
  The dissent argues that the Houston ordinance was constitutionally applied to Raymond Hill, as his speech did not outweigh the city's interest in law enforcement and was not substantially protected by the First Amendment.
• Ledford Gregory v. Mass. Mut. Life Ins. Co.
  764 F.2d 1437· 11th Cir.· 1985-07-09 ·cited 8×·via Vagueness and Indefiniteness
  The court held that there was insufficient evidence to support the existence of an oral contract, affirming the directed verdict for the defendant.
• State v. Buckner
  472 So. 2d 1228· Fla. 2d DCA· 1985-06-19 ·cited 8×
  Section 232.02 is not unconstitutionally vague; when read in its entirety and attributing common, ordinary meanings to key terms like 'school' and 'home,' the statute clearly defines four permissible means of achieving regular school attendance and provides sufficient notice of p
• Breest v. Cunningham
  752 F.2d 8· 1st Cir.· 1985-01-11 ·cited 8×·via Unconstitutional Vagueness
  The court held that the state court's imposition of a special sentence under the psycho-sexual murder statute was unconstitutional because the court departed from the notice provided in the bill of particulars.
• Cassis v. Helms
  737 F.2d 545· 6th Cir.· 1984-06-19 ·cited 8×
  The court held that intentionally false entries in a pilot logbook are material, even if the pilot meets the minimum flight hour requirements, and thus violate FAA regulations.
• Ysleta Fed'n OF Teachers v. Ysleta Indep. Sch. Dist.
  720 F.2d 1429· 5th Cir.· 1983-12-16 ·cited 8×
  The court held that the school district's prior clearance rule for internal mail was unconstitutionally vague, but remanded for further fact-finding on the reasonableness of the once-a-year recruitment rule.
• The United States Jaycees v. McCLURE
  709 F.2d 1560· 8th Cir.· 1983-06-07 ·cited 8×
  The dissent argues that the Jaycees' right of association can be subordinated to the state's interest in preventing sex discrimination in public accommodations, and that the statute is neither vague nor overbroad as applied.
• Magic Valley Potato Shippers, Inc. v. The Sec'y OF Agric.
  702 F.2d 840· 9th Cir.· 1983-04-01 ·cited 8×
  The court affirmed the Secretary of Agriculture's decision that Magic Valley misbranded potatoes and upheld the thirty-day license suspension, finding the regulations clear and the penalty justified.
• State v. Perkins
  436 So. 2d 150· Fla. 2d DCA· 1983-02-11 ·cited 8×·via Vagueness Of Statutes
  Florida appeals the dismissal of charges against defendants who violated a special state law prohibiting net fishing within 50 yards of docks or piers in Pinellas County. The trial court found the law unconstitutional as lacking rational basis and serving only private interests.
• Gertrude Reminga v. United States
  695 F.2d 1000· 6th Cir.· 1982-12-16 ·cited 8×
  The court held that the appellants' failure to file a transcript of their judgments with the General Accounting Office, as required by 31 U.S.C. § 724a, barred their recovery of post-judgment interest against the United States.
• United States v. Michael Burke aka Eric Boone
  694 F.2d 632· 9th Cir.· 1982-12-14 ·cited 8×·via Vagueness Challenge
  A guilty plea waives the right to challenge a statute's vagueness as applied to the defendant's conduct, especially when the statute's conditions were met before the plea.
• Lamar v. Fred Banks
  684 F.2d 714· 11th Cir.· 1982-08-26 ·cited 8×·via Vagueness
  The court held that the Georgia 'fighting words' statute is not facially unconstitutional, but reversed and remanded for an evidentiary hearing on whether it was unconstitutionally applied.
• State v. Se. Fisheries Ass'n, Inc.
  415 So. 2d 1326· Fla. 1st DCA· 1982-06-18 ·cited 8×·via Vagueness Of Statutes
  Florida's Department of Natural Resources appealed a trial court's summary judgment invalidating a statute prohibiting the use and possession of fish traps. The First District Court of Appeal reversed, holding the statute is not unconstitutionally vague, not preempted by federal
• United States v. Gannon
  684 F.2d 433· 7th Cir.· 1981-06-30 ·cited 8×
  The dissenting opinion argues that the plain language of RESPA precludes prosecution in this case because the payments were for services actually performed, not for referrals or other kickbacks.
• Bigler v. Dep't OF Banking & Fin.
  394 So. 2d 989· Fla.· 1981-02-19 ·cited 8×
  A statute regulating bank charter applications does not unlawfully delegate legislative authority merely because it uses general terms such as 'need' and 'community,' when read in pari materia with detailed criteria that channel and define the agency's investigative and approval
• Sadegh Shamloo v. Miss. State Bd. OF Trs. OF Insts. OF Higher Learning
  620 F.2d 516· 5th Cir.· 1980-07-02 ·cited 8×
  University regulations that restrict student demonstrations to 'activities of a wholesome nature' are unconstitutionally vague and an impermissible content-based restriction on speech, violating the First Amendment.
• United States v. Marcano-Garcia
  622 F.2d 12· 1st Cir.· 1980-05-29 ·cited 8×
  The court held that the Honorary Consul was a protected person under the relevant statutes and that the statutes were not unconstitutionally vague or overbroad. It also found that the appellants received effective assistance of counsel and that pretrial publicity did not prevent
• KAY v. Austin
  621 F.2d 809· 6th Cir.· 1980-04-30 ·cited 8×·via Vagueness Of Statutes
  The court held that the plaintiff lacked standing to challenge the statute's constitutionality due to his failure to pursue alternative ballot access methods and that laches barred his claim for equitable relief due to his significant delay in filing suit.
• Woodward v. State
  379 So. 2d 664· Fla. 5th DCA· 1980-01-16 ·cited 8×·via Vagueness Of Statutes
  Sheldon Woodward appeals his conviction for possession of more than 100 pounds of cannabis under Florida law. The court affirms the conviction, rejecting constitutional challenges to the statute and finding sufficient evidence that Woodward possessed the prohibited drug, even tho
• Martin v. State
  377 So. 2d 706· Fla.· 1979-12-06 ·cited 8×·via Vagueness Challenge
  Martin challenges his conviction for second-degree murder following heroin distribution that proximately caused a death, arguing the first-degree felony murder statute violates due process and is unconstitutionally vague, and that the victim's voluntary participation precludes fe
• Earle R. Robinson v. Berman
  594 F.2d 1· 1st Cir.· 1979-03-23 ·cited 8×
  The court held that the petitioner had sufficient notice that his conduct was illegal, as prior judicial decisions had clarified the meaning of 'unnatural sexual intercourse' in related statutes, thus the statute was not unconstitutionally vague as applied to him.
• Fiske v. State
  366 So. 2d 423· Fla.· 1978-12-21 ·cited 8×·via Vagueness Of Statutes
  Fiske was convicted of felony possession of psilocybin after being found with wild mushrooms containing the controlled substance. The Florida Supreme Court reversed his conviction, holding that the statute criminalizing psilocybin violated due process because it failed to give fa
• State v. Kraham
  360 So. 2d 393· Fla.· 1978-05-31 ·cited 8×
  A statute making unlawful the sale of obscene material does not violate the Constitution merely because it is inconsistent with the right to privately possess obscene material recognized in Stanley v. Georgia.
• McCALL v. State
  354 So. 2d 869· Fla.· 1978-01-12 ·cited 8×
  The Florida Supreme Court held that Fla. Stat. § 231.07, which criminalized upbraiding, abusing, or insulting school instructional staff on school property or in the presence of pupils, is unconstitutionally overbroad and vague under the First and Fourteenth Amendments because it
• State v. Simpson
  347 So. 2d 414· Fla.· 1977-06-02 ·cited 8×
  The Florida Supreme Court upheld the constitutionality of Florida's unlawful assembly statute (Section 870.02) against First Amendment challenges, but reversed the dismissals on the grounds that the informations were inadequately drawn. The Court adopted a restrictive common law
• Foster v. Zeeko
  540 F.2d 1310· 7th Cir.· 1976-08-18 ·cited 8×
• Campbell v. State
  331 So. 2d 289· Fla.· 1976-03-31 ·cited 8×
  The conduct proven—brief fondling of a fully-clothed person's pubic area in a dark, crowded bar at 2:00 a.m.—does not constitute "open and gross lewdness and lascivious behavior" under Florida Statutes § 798.02, as the statute requires conduct that is "extremely indecent, immoral
• Keel v. State
  321 So. 2d 86· Fla. 2d DCA· 1975-10-31 ·cited 8×
  Florida appellate court affirmed a guilty plea to robbery but remanded for resentencing because the consecutive sentence was vague as to its commencement date.
• Paulos v. Breier
  507 F.2d 1383· 7th Cir.· 1974-12-30 ·cited 8×
  A police department rule prohibiting officers from using their influence for political reasons is constitutional as applied to an officer who sent a political endorsement letter to subordinate officers.
• Herzbrun v. Milwaukee Cnty.
  504 F.2d 1189· 7th Cir.· 1974-10-17 ·cited 8×·via Vagueness Challenge
  The court held that the county rule's provision for discipline based on acts unbecoming an employee was not unconstitutionally vague or overbroad, particularly for an employee whose conduct was clearly within the rule's scope.
• Cline v. Rockingham Cnty. Superior Court
  502 F.2d 789· 1st Cir.· 1974-09-05 ·cited 8×·via Void For Vagueness Doctrine
  The court held that the state statute was unconstitutionally applied to petitioner's conduct, as his display of a peace symbol on his own flag constituted protected expression.
• United States v. Robinson
  495 F.2d 30· 4th Cir.· 1974-04-11 ·cited 8×
  A conviction based on a vague and ambiguous regulation, improperly incorporating state law and lacking procedural safeguards, violates due process and the Sixth Amendment.
• The Gen. Tire & Rubber Co. v. The Firestone Tire & Rubber Co.
  489 F.2d 1105· 6th Cir.· 1973-11-20 ·cited 8×·via Vagueness
  The court held that General Tire's patent for oil-extended synthetic rubber was valid and that Firestone was licensed to use it as a nominee of the U.S. Government.
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Cuevas v. State
  279 So. 2d 817· Fla.· 1973-05-16 ·cited 8×·via Constitutional Vagueness
  Cuevas challenged the constitutionality of Florida's Drug Abuse Law (Sections 404.01(12) and 404.02(4)) as unconstitutionally vague, arguing the phrase "or other drug controlled by this chapter" lacked sufficient clarity. The Florida Supreme Court affirmed the trial court's denia