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. Clinical Leasing Serv., Inc.
  925 F.2d 120· 5th Cir.· 1991-03-01 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the federal statutory registration requirements for dispensing controlled substances are not unconstitutionally vague, and affirmed the district court's imposition of civil penalties.
• In the Interest of T.C.
  573 So. 2d 121· Fla. 4th DCA· 1991-01-09 ·cited 4×·via Void For Vagueness Doctrine
  A minor was charged with possessing a hoax bomb (a brass pipe with caps and firecrackers) under Florida Statute 790.165(1). The Fourth District Court of Appeal held that the statute is constitutional but requires proof that the defendant intended the device to appear as a weapon,
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Am. Civil Liberties Union of Fla., Inc. v. Florida Bar
  744 F. Supp. 1094· N.D. Fla.· 1990-08-10 ·cited 4×
  The court held that Florida Canon 7(B)(1)(c), prohibiting judicial candidates from announcing views on disputed legal or political issues, is likely unconstitutional as it is not narrowly tailored to serve a compelling state interest.
• United States v. Kozel
  908 F.2d 205· 7th Cir.· 1990-07-26 ·cited 4×
  The court held that the defendant was not entitled to a jury trial for criminal contempt charges where the government capped the potential sentence at six months, as such offenses are considered 'petty' and do not trigger constitutional jury trial rights.
• Williams v. City OF Columbia
  906 F.2d 994· 4th Cir.· 1990-06-29 ·cited 4×·via Void For Vagueness Doctrine
  A city zoning ordinance requiring a special exception for radio antennas exceeding seventeen feet is not preempted by federal law and does not violate constitutional rights when reasonably accommodating amateur radio communications.
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• United States v. Hoyland
  903 F.2d 1288· 9th Cir.· 1990-05-25 ·cited 4×
  A defendant can be convicted of willfully structuring bank deposits to avoid reporting requirements, even if they were unaware the conduct was illegal, as long as they acted with the intent to prevent the bank from filing a report.
• Server v. Mizell
  902 F.2d 611· 7th Cir.· 1990-05-21 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the Illinois aggravated criminal sexual assault and abuse statutes, as construed by state courts, are not unconstitutionally vague and that the petitioner's other claims lack merit.
• United States v. Austin
  902 F.2d 743· 9th Cir.· 1990-05-02 ·cited 4×·via Vagueness Challenge
  The court held that the Archaeological Resources Protection Act (ARPA) is not unconstitutionally overbroad or vague as applied to the defendant, and the prosecution was not vindictive.
• State v. Humphrey
  559 So. 2d 733· Fla. 2d DCA· 1990-04-18 ·cited 4×
• State v. Carswell
  557 So. 2d 183· Fla. 3d DCA· 1990-02-20 ·cited 4×·via Vagueness Of Statutes
  The State appealed a trial court's dismissal of a criminal information charging Carswell with operating an aircraft in a careless or reckless manner under Florida Statute § 860.13. The trial court had ruled the statute unconstitutional on three grounds, but the appellate court re
• State v. Falcon
  556 So. 2d 762· Fla. 2d DCA· 1990-01-26 ·cited 4×·via Vagueness Of Statutes
  Florida appealed the dismissal of an embezzlement charge against a contractor, arguing that section 713.34(3) was constitutional. The Second District Court of Appeal held that while the underlying embezzlement charge was valid, the statutory provision creating a prima facie evide
• Sexton, Inc. v. City OF Vero Beach
  555 So. 2d 444· Fla. 4th DCA· 1990-01-17 ·cited 4×
  Sexton, Inc. and Oslo Packing Company appealed a summary judgment upholding Vero Beach's charter amendment requiring voter approval by referendum before the city could expend tax dollars on beach restoration involving sand placement. The Fourth District Court of Appeal affirmed,
• Freeman v. State
  554 So. 2d 621· Fla. 3d DCA· 1989-12-26 ·cited 4×·via Void For Vagueness Doctrine
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1568· S.D. Fla.· 1989-12-15 ·cited 4×
  The court held that the distance ordinances, including the waiver provision, were facially valid time, place, and manner regulations and that the plaintiff's claims were barred by res judicata or failed on the merits.
• United States v. Conner
  886 F.2d 984· 8th Cir.· 1989-09-28 ·cited 4×
  The court held that the federal firearm statute was not unconstitutionally vague and that using state convictions for federal sentence enhancement did not violate the Double Jeopardy Clause.
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  882 F.2d 125· 4th Cir.· 1989-08-16 ·cited 4×
  The court held that the Virginia statute prohibiting the display of sexually explicit materials in a manner that juveniles may examine is not unconstitutionally vague as interpreted by the Virginia Supreme Court.
• Hoodkroft Convalescent Ctr., Inc. v. State OF NEW Hampshire
  879 F.2d 968· 1st Cir.· 1989-07-14 ·cited 4×·via Vagueness
  New Hampshire's Medicaid depreciation recapture rule is lawful and does not violate the federal statute or the Constitution.
• Judge Jim Scott v. Fort Bend Cnty.
  870 F.2d 164· 5th Cir.· 1989-03-07 ·cited 4×·via Unconstitutional Vagueness
  The court held that while collateral estoppel did not bar the constitutional claim, res judicata barred the federal suit because the claims could have been raised in the prior state court action.
• United States v. Nelsen
  859 F.2d 1318· 8th Cir.· 1988-10-20 ·cited 4×
  The court held that the Switchblade Knife Act is constitutional and does not violate due process or the Second Amendment, and that the Act was not unconstitutionally vague or overbroad as applied to the defendant.
• United States v. Mainieri
  691 F. Supp. 1394· S.D. Fla.· 1988-08-10 ·cited 4×·via Constitutional Vagueness
  The court held that the indictment was sufficiently specific, the money laundering statute was not unconstitutionally vague, and the counts were not multiplicious.
• Hillery C. Thorne, Jr. v. Bailey
  846 F.2d 241· 4th Cir.· 1988-05-05 ·cited 4×
  The statute is unconstitutional because it is overbroad and abridges freedom of speech, and it was unconstitutionally applied to Thorne's conduct.
• In re Grand Jury Subpoena: Subpoena Duces Tecum v. John DOE 819 (Model Magazine)
  844 F.2d 202· 4th Cir.· 1988-04-19 ·cited 4×·via Vagueness
  The court denied the government's petition for rehearing and suggestion for rehearing en banc.
• United States v. Brown
  832 F.2d 128· 9th Cir.· 1987-11-10 ·cited 4×
  The court held that replaying a tape recording for the jury outside the presence of the defendants and their counsel violated Federal Rule of Criminal Procedure 43, and this error was not harmless beyond a reasonable doubt, requiring reversal.
• State v. Raffield
  515 So. 2d 283· Fla. 1st DCA· 1987-10-20 ·cited 4×·via Void For Vagueness Doctrine
  Florida appealed a county court's dismissal of misdemeanor charges against Raffield for possessing red fish taken by purse seine, where the trial court found the governing statute unconstitutional. The appellate court reversed, holding that Section 370.08(3) does not violate fede
• Sable Commc'ns OF Cal., Inc. v. Fed. Commc'ns Comm'n
  827 F.2d 640· 9th Cir.· 1987-09-11 ·cited 4×
  The court held that the district court lacked jurisdiction to review the FCC regulation but had jurisdiction to consider a facial challenge to the statute, and the case was justiciable.
• State v. Garcia
  511 So. 2d 714· Fla. 2d DCA· 1987-08-21 ·cited 4×
  Florida appeals a trial court's dismissal of an information charging Louis Garcia with three counts of sexual battery and one count of lewd and lascivious conduct. The court affirmed the dismissal, holding that the information was unconstitutionally vague because it alleged crime
• State v. Leslie W. Parish, Jr.
  509 So. 2d 1365· Fla. 2d DCA· 1987-07-22 ·cited 4×·via Vagueness Of Statutes
  Florida's Second District Court of Appeal reversed a county court's finding that section 843.06, Florida Statutes (requiring citizens to assist law enforcement officers upon request), was unconstitutionally vague and overbroad. The court held the statute provides sufficient notic
• United States v. Westbrook
  817 F.2d 529· 9th Cir.· 1987-05-14 ·cited 4×
  The court held that 18 U.S.C. § 1024 is not unconstitutionally vague, either facially or as applied, and that the indictment was not duplicative.
• Jess Parrish Mem'l Hosp., Inc. v. City OF Titusville
  506 So. 2d 22· Fla. 5th DCA· 1987-04-09 ·cited 4×
  The appellate court held that the hospital district statute did not permit the divestment of title to the land, affirming the trial court's judgment to void the deed and require the property's return to the district.
• Fellowship Baptist Church v. Benton
  815 F.2d 485· 8th Cir.· 1987-03-27 ·cited 4×
  The court held that Iowa's reporting and teacher certification requirements do not violate plaintiffs' constitutional rights, but the "equivalent instruction" term was unconstitutionally vague as initially defined.
• State v. Cary A. Hardee and Joseph Wilson
  504 So. 2d 33· Fla. 1st DCA· 1987-03-11 ·cited 4×
  Florida appeals the dismissal of a contraband charge against jail visitors under section 951.22, which prohibited possessing currency in amounts 'not authorized by the Sheriff.' The trial court found the statute unconstitutionally vague and an invalid delegation of legislative au
• Rios v. Lane
  812 F.2d 1032· 7th Cir.· 1987-02-13 ·cited 4×
  The court held that the disciplinary rule as applied to the inmate was unconstitutionally vague, violating his due process rights, and that prison officials were not entitled to qualified immunity.
• Mini Spas, Inc. v. S. Salt Lake City Corp.
  810 F.2d 939· 10th Cir.· 1987-01-29 ·cited 4×·via Vagueness Challenge
  A city ordinance prescribing a dress code for massage parlors, intended to control prostitution, does not violate the First Amendment, Equal Protection Clause, or Due Process Clause, as it is a permissible regulation of conduct with incidental effects on expression.
• Wickman v. Firestone
  500 So. 2d 740· Fla. 4th DCA· 1987-01-14 ·cited 4×
  A Florida corporation engaged in professional fund solicitation challenged the constitutionality of Chapter 496 of the Florida Statutes, which regulates charitable solicitations. The appellate court upheld the statute, finding it does not violate the First Amendment, Equal Protec
• The Alan Guttmacher Inst. v. McPHERSON
  805 F.2d 1088· 2d Cir.· 1986-11-17 ·cited 4×·via Vagueness
  The dissenting judge believes the plaintiff is entitled to broader relief than that provided by the consent judgment, potentially including a declaration that AID's policy is unlawful and the establishment of a new review board.
• D.C. and M.S. v. The City OF ST. Louis
  795 F.2d 652· 8th Cir.· 1986-07-09 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the 'indecent or lewd act of behavior' provision of the ordinance is unconstitutionally vague and reversed the district court's denial of nominal damages.
• Lovely v. Cunningham
  796 F.2d 1· 1st Cir.· 1986-06-24 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the New Hampshire Supreme Court's construction of the Aggravated Felonious Sexual Assault statute, including threats of economic reprisal within the definition of extortion, was not unforeseeable and thus did not violate due process principles of ex post facto
• Vernon Beigay, Inc. v. Traxler
  790 F.2d 1088· 4th Cir.· 1986-04-28 ·cited 4×·via Void For Vagueness Doctrine
  The court held that while most of South Carolina's obscenity statutes comply with Miller guidelines, sections 16-15-280(1) and (4) are unconstitutionally overbroad. The court also affirmed the dismissal of the § 1983 claim.
• United States v. Pederson
  784 F.2d 1462· 9th Cir.· 1986-03-21 ·cited 4×·via Void For Vagueness Doctrine
  The court affirmed the conviction, finding no merit in the appellant's arguments regarding the statute's vagueness, prosecutorial misconduct, denial of a continuance, or psychiatric evaluation.
• Equal Emp. Opportunity Comm'n v. McCarthy
  768 F.2d 1· 1st Cir.· 1985-07-10 ·cited 4×·via Due Process Vagueness Challenge
  The court held that the Equal Pay Act was not unconstitutionally vague as applied to educational institutions and that the trial court did not err in admitting statistical evidence or in finding a willful violation extending the statute of limitations.
• State v. Salvadore Saiez
  469 So. 2d 927· Fla. 3d DCA· 1985-05-28 ·cited 4×·via Constitutional Vagueness
  Florida appealed the dismissal of two counts charging Salvadore Saiez with possession of credit card embossing machines under section 817.63. The trial court dismissed the counts finding that provision unconstitutionally vague and overbroad, and the appellate court affirmed, hold
• State ex rel. GAS Kwick, Inc. v. Doyle Conner
  453 So. 2d 863· Fla. 1st DCA· 1984-07-19 ·cited 4×·via Unconstitutional Vagueness
  Gas Kwick, Inc. challenged the constitutionality of Florida's petroleum dealer statute under substantive due process, equal protection, and vagueness doctrines. The District Court of Appeal reversed the trial court's denial of mandamus, finding the statute constitutional under th
• United States v. Sterling Johnson
  735 F.2d 373· 9th Cir.· 1984-06-15 ·cited 4×·via Vagueness Challenge To Statute
  The court held that the jury instructions on intent were not erroneous and the statute prohibiting misuse of a diplomatic passport was not unconstitutionally vague.
• United States v. Seay
  718 F.2d 1279· 4th Cir.· 1983-10-11 ·cited 4×
  The dissenting judge argues that the defendant was denied due process due to lack of adequate notice regarding the reporting of a common law marriage and the improper injection of religious issues into the trial.
• Brockert v. Skornicka
  711 F.2d 1376· 7th Cir.· 1983-07-01 ·cited 4×
  The court affirmed the district court's grant of summary judgment, holding that the ordinance's waiver provision was not impermissibly vague and that the plaintiff received adequate due process.
• DOE v. Staples
  706 F.2d 985· 6th Cir.· 1983-05-06 ·cited 4×
  The court should have abstained from deciding constitutional questions regarding child removal under the Pullman abstention doctrine.
• JIM Crockett Promotion, Inc. v. The City OF Charlotte
  706 F.2d 486· 4th Cir.· 1983-05-04 ·cited 4×
  The court held that the term 'unnecessary' in the noise ordinance was unconstitutionally vague, but the presumption provision was also invalid. However, the section regulating sound amplification was not unconstitutionally vague.
• Broad. Music, Inc. v. The United States Shoe Corp.
  678 F.2d 816· 9th Cir.· 1982-06-02 ·cited 4×
  The court held that the appellants' use of radio broadcasts in their retail stores, involving multiple speakers and a commercial system, exceeded the exemption for public performances under 17 U.S.C. § 110(5), thus constituting copyright infringement.