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

• Stone v. Louie L. Wainwright
  478 F.2d 390· 5th Cir.· 1973-04-19 ·cited 8×·via Void For Vagueness Doctrine
• Sword v. FOX
  446 F.2d 1091· 4th Cir.· 1971-07-01 ·cited 8×
  A state-supported college may constitutionally prohibit demonstrations within its buildings, provided the regulation is reasonable and does not discriminate.
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×·via Void For Vagueness Doctrine
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Abernathy v. Conroy
  429 F.2d 1170· 4th Cir.· 1970-07-21 ·cited 8×
  The court held that Charleston's ordinance prohibiting parades after 8 p.m. is facially constitutional, and the South Carolina common law definition of riot is also constitutional.
• United States v. Coppola
  425 F.2d 660· 2d Cir.· 1969-11-19 ·cited 8×·via Void For Vagueness Doctrine
  The court held that 26 U.S.C. § 7201 is constitutional, as it requires proof of elements not present in lesser misdemeanor tax offenses.
• United States v. Matthews
  419 F.2d 1177· D.C. Cir.· 1969-11-10 ·cited 8×
  The court held that the D.C. anti-riot statute is not unconstitutionally vague and that a person can be found to have "engaged in" a riot by looting property known to be stolen during the disturbance, thereby aiding and abetting the riot.
• Mass. Welf. Rights Org. v. OTT
  421 F.2d 525· 1st Cir.· 1969-11-06 ·cited 8×
  The court held that the regulation was not unconstitutionally vague or overbroad, and thus the complaint was properly dismissed.
• Harris v. Louie L. Wainwright
  406 F.2d 1· 5th Cir.· 1969-01-21 ·cited 8×·via Vagueness and Indefiniteness
  The absence of counsel at arraignment in a capital case is a constitutional violation if there is a likelihood of prejudice, and the state bears the burden of disproving this likelihood.
• Cotner v. Henry
  394 F.2d 873· 7th Cir.· 1968-04-17 ·cited 8×·via Constitutional Vagueness
  The dissenting judge would affirm the district court's decision, disagreeing with the majority's grant of relief.
• Clive Michael Boutilier v. The Immigr. & Naturalization Serv.
  363 F.2d 488· 2d Cir.· 1966-07-08 ·cited 8×
  The dissent argues that upholding a deportation order based on a broad interpretation of 'psychopathic personality' without proper psychiatric examination and without clear warning to the alien violates due process.
• United States v. Isidore S. Rosen
  353 F.2d 523· 2d Cir.· 1965-11-22 ·cited 8×·via Vagueness
  The court held that the question asked before the grand jury was not so vague as to misinform the defendant about the charge, and other arguments lacked merit.
• Headley v. Selkowitz
  171 So. 2d 368· Fla.· 1965-01-20 ·cited 8×
  A city ordinance making it disorderly conduct to be unable to give a satisfactory account of oneself or to lack lawful means of support is unconstitutionally vague on its face.
• Roscoe L. Jones v. Dist. OF Columbia
  323 F.2d 306· D.C. Cir.· 1963-07-25 ·cited 8×
  The court held that the 1961 Building Code's fire safety provisions were constitutional and properly promulgated through quasi-legislative hearings, and that appellants were required to obtain new Certificates of Occupancy.
• Ladrey v. Comm'n on Licensure to Practice the Healing Art in the Dist. of Columbia
  261 F.2d 68· D.C. Cir.· 1958-07-31 ·cited 8×·via Due Process Vagueness Challenge
  The dissenting judge holds that the admission of testimony concerning telephone conversations was improper because it constituted an unlawful interception under the Federal Communications Act, and that the license revocation statute is void for vagueness.
• Ira Coleman Roberts v. The United States
  226 F.2d 464· 6th Cir.· 1955-10-25 ·cited 8×
  The court held that the statute prohibiting interstate wire fraud is constitutional and sufficiently specific, and that the indictment and evidence supported the conviction.
• United States v. McDERMOTT
  131 F.2d 313· 7th Cir.· 1942-11-11 ·cited 8×
  The court held that the Securities Exchange Act of 1934 and Regulation T were not an unconstitutional delegation of legislative power and that the indictment counts were sufficient.
• Henderson v. McMurray
  987 F.3d 997· 11th Cir.· 2021-02-09 ·cited 7×
  The court held that the Hendersons failed to state a claim because their complaint lacked critical facts to establish a violation of their First Amendment rights, specifically regarding the noise provision in their permit.
• Lukaj v. U.S. Attorney General
  953 F.3d 1305· 11th Cir.· 2020-03-30 ·cited 7×·via Void For Vagueness Doctrine
  The court held that a Florida aggravated battery conviction qualifies as a crime of violence under 18 U.S.C. § 16(a) and, with a sentence of at least one year, constitutes an aggravated felony making the alien ineligible for asylum, cancellation of removal, and withholding of rem
• In re Hunt
  835 F.3d 1277· 11th Cir.· 2016-07-18 ·cited 7×
  The Supreme Court's decision in Johnson, which declared the "residual clause" of the Armed Career Criminal Act unconstitutionally vague, announced a new substantive rule of constitutional law that applies retroactively to cases on collateral review. This includes cases where sent
• Pine v. City OF W. Palm Beach
  762 F.3d 1262· 11th Cir.· 2014-08-06 ·cited 7×
  Pro-life advocates challenged West Palm Beach's Sound Ordinance, which prohibits amplified sound within 100 feet of health care facilities, on First Amendment grounds. The Eleventh Circuit affirmed the district court's denial of a preliminary injunction, holding that the ordinanc
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  430 F. Supp. 2d 1296· S.D. Fla.· 2006-05-10 ·cited 7×·via Void For Vagueness Doctrine
  The court granted in part and denied in part the defendant's motions to dismiss, allowing certain claims to proceed while dismissing others.
• State v. Nichols
  892 So. 2d 1221· Fla. 1st DCA· 2005-02-15 ·cited 7×·via Vagueness Of Statutes
  The State appealed a county court order declaring Florida Statute § 370.093(2)(b), which prohibits use of monofilament nets, unconstitutionally vague. The appellate court reversed, holding that the term "monofilament" has a fixed and definite meaning well understood in the fishin
• State v. Meister
  849 So. 2d 1127· Fla. 4th DCA· 2003-07-16 ·cited 7×
  The court held that section 322.34(2), Florida Statutes, is not unconstitutionally vague as applied to driving a moped with a suspended license, as a moped falls within the statutory definition of a motor vehicle requiring a license.
• State v. J.A.S.
  686 So. 2d 1366· Fla. 5th DCA· 1997-01-03 ·cited 7×·via Vagueness Challenge
  The court held that the trial court erred in dismissing charges of statutory rape against minors, finding that the statute was constitutional as applied and that issues of equal protection and cruel and unusual punishment were premature.
• State v. Mincey
  658 So. 2d 597· Fla. 4th DCA· 1995-07-12 ·cited 7×
  The Fourth District Court of Appeal affirmed the dismissal of charges against a defendant prosecuted under Florida's negligent treatment of children statute (§827.05), holding that the statute still criminalizes pure negligence without requiring willfulness or scienter despite le
• United States v. Jones
  979 F.2d 317· 3d Cir.· 1992-11-05 ·cited 7×·via Void For Vagueness Doctrine
  The court held that the defendant's reasons for withdrawing his guilty plea were insufficient and that the Sentencing Guidelines' distinction between cocaine base and cocaine salt were not unconstitutionally vague.
• K.L.J. v. State
  581 So. 2d 920· Fla. 1st DCA· 1991-06-06 ·cited 7×
  A minor appeals his adjudication of delinquency for violating Jacksonville's curfew ordinance. The court finds the ordinance unconstitutionally vague and overbroad because it fails to provide fair notice of prohibited conduct and infringes on fundamental constitutional rights.
• In the Interest of P.J.
  579 So. 2d 299· Fla. 4th DCA· 1991-05-08 ·cited 7×·via Void For Vagueness Doctrine
  A juvenile was adjudicated delinquent for threatening a police officer with death and bodily harm in violation of Florida Statute § 838.021. The Fourth District Court of Appeal affirmed the conviction but reversed the assessment of public defender's fees imposed without notice an
• State v. Yzaguirre
  569 So. 2d 492· Fla. 2d DCA· 1990-10-05 ·cited 7×·via Vagueness and Indefiniteness
  In this capital sexual battery case, the Florida Second District Court of Appeal reversed the trial court's dismissal of an amended information charging crimes against the defendant's minor daughter. The court held that dismissal based on vague time frames was improper unless the
• United States v. Woods
  915 F.2d 854· 3d Cir.· 1990-10-01 ·cited 7×·via Void For Vagueness Doctrine
  The court affirmed the convictions, holding that the RICO statute was not unconstitutionally vague as applied to the appellants' conduct involving political corruption. The court found that the appellants' actions satisfied the relatedness and continuity requirements for a patter
• Young v. NEW York City Transit Auth.
  903 F.2d 146· 2d Cir.· 1990-05-10 ·cited 7×
  The court held that begging, like charitable solicitation, is protected speech under the First Amendment and that a complete ban on begging in public forums is not narrowly tailored to serve significant government interests.
• Lutz v. City of York
  899 F.2d 255· 3d Cir.· 1990-03-28 ·cited 7×
  The court held that the right to intrastate travel exists and is protected by substantive due process, but the ordinance is a reasonable time, place, and manner restriction subject to intermediate scrutiny. The court also rejected the overbreadth challenge as inapplicable outside
• Intern. Caucus of Labor Com. v. Dade Cnty.
  724 F. Supp. 917· S.D. Fla.· 1989-10-17 ·cited 7×
  The court held that the Miami International Airport (MIA) is a nonpublic forum, and its policy prohibiting tables and semi-fixed signs in designated First Amendment areas is constitutional. The restrictions are reasonably designed to serve the airport's intended purpose of facili
• Edwards v. Butler
  882 F.2d 160· 5th Cir.· 1989-09-01 ·cited 7×·via Vagueness Challenge
  The court affirmed the denial of the habeas petition, finding no constitutional violations in the state court proceedings.
• City OF Fort Lauderdale v. Canary Enters., Inc.
  546 So. 2d 1114· Fla. 4th DCA· 1989-07-07 ·cited 7×·via Void For Vagueness Doctrine
  The City of Fort Lauderdale appealed a trial court order granting a temporary injunction that prevented enforcement of the city's sign code provisions regulating special promotions and grand openings. The Fourth District reversed, holding that advertising balloons constitute "sig
• United States v. Gardner
  860 F.2d 1391· 7th Cir.· 1988-10-26 ·cited 7×
  The court held that 47 U.S.C. § 553 is not unconstitutionally vague or overbroad, and that the evidence was sufficient to support the conviction for assisting in the unauthorized reception of cable service.
• McGUIRE v. State
  489 So. 2d 729· Fla.· 1986-06-12 ·cited 7×·via Void For Vagueness Doctrine
  Belinda McGuire was arrested for jogging topless on a public beach and challenged the administrative rule requiring bathing costumes to conform to 'commonly accepted standards' as unconstitutionally vague and overbroad. The Florida Supreme Court upheld the rule and conviction, ho
• Gallaher v. The City OF Huntington
  759 F.2d 1155· 4th Cir.· 1985-04-11 ·cited 7×
  The West Virginia statute requiring precious metal dealers to maintain records and allow warrantless inspection of those records is constitutional and not preempted by federal law.
• Kramer v. Price
  712 F.2d 174· 5th Cir.· 1983-08-15 ·cited 7×
  The Texas Harassment Statute is unconstitutionally void for vagueness because it fails to provide reasonably clear guidelines for prohibited conduct and encourages arbitrary enforcement.
• Mid-Fla Coin Exch., Inc. v. Griffin
  529 F. Supp. 1006· M.D. Fla.· 1981-12-16 ·cited 7×
  The court held that abstention doctrines (Pullman and Younger) were not applicable, and plaintiffs were entitled to preliminary injunctive relief regarding the challenged statutes.
• Davis v. Williams
  598 F.2d 916· 5th Cir.· 1979-07-11 ·cited 7×
  The court held that the ordinance's "conduct prejudicial to good order" provision is facially unconstitutional due to vagueness, even after considering an injunction against a more specific provision.
• Tomerlin v. Dade Cnty. Sch. Bd.
  318 So. 2d 159· Fla. 1st DCA· 1975-08-12 ·cited 7×
  Tomerlin, a teacher dismissed for immoral conduct with his nine-year-old stepdaughter, challenged the constitutionality of the Florida statute permitting teacher dismissal for immorality. The court upheld the statute as not void for vagueness and as properly connected to job fitn
• Steigerwalt v. The City OF ST. Petersburg
  316 So. 2d 554· Fla.· 1975-07-02 ·cited 7×·via Vagueness Of Statutes
  A Florida police officer with over 12 years of service was discharged for wanton or willful neglect and denied his pension under a legislative act. The officer challenged the constitutionality of the pension forfeiture provision as arbitrary and violating due process, but the Flo
• Scott v. Schlesinger
  498 F.2d 1093· 5th Cir.· 1974-08-16 ·cited 7×·via Constitutional Vagueness
  The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
• State v. Astore
  258 So. 2d 33· Fla. 2d DCA· 1972-02-02 ·cited 7×
  The court held that the statute prohibiting possession of short-barreled rifles is constitutional, interpreting it to apply to integral rifles, not handguns made from rifle parts.
• Wollschlaeger v. Governor OF THE State OF Fla.
  814 F.3d 1159· 11th Cir.· 2015-12-14 ·cited 6×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First and Fourteenth Amendments. The court found that the Act's provisions restr
• Sexton v. State
  146 So. 3d 515· Fla. 2d DCA· 2014-08-13 ·cited 6×·via Vagueness Of Statutes
  Roger Louis Sexton appealed an order modifying his probation to require completion of a batterers' intervention program, arguing his 2011 conviction for possession of a firearm by a convicted felon should be vacated based on a First District decision finding the relevant statute
• League of Women Voters of Fla. v. Browning
  575 F. Supp. 2d 1298· S.D. Fla.· 2008-08-06 ·cited 6×
  The court granted plaintiffs' motion for a preliminary injunction, finding that the Amended Law likely violates the First Amendment by chilling protected speech and association.
• Karwoski v. State
  867 So. 2d 486· Fla. 4th DCA· 2004-02-18 ·cited 6×
  James Karwoski was convicted of computer pornography and child exploitation under Florida Statute § 847.0135(3) after an undercover police officer posing as a 15-year-old boy engaged him in sexually explicit online conversations and arranged an in-person meeting. On appeal, Karwo
• State v. Shank
  795 So. 2d 1067· Fla. 4th DCA· 2001-09-19 ·cited 6×·via Void For Vagueness Doctrine
  The court held that Florida Statute § 836.11 is facially unconstitutional because it violates the First Amendment by being impermissibly content-based, overbroad, and vague.