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

• In re Jennings
  133 F.2d 906· C.C.P.A.· 1943-02-01 ·cited 4×·via Vagueness and Indefiniteness
  The court held that article claims were patentable over the prior art, but method claims were invalid for vagueness and indefiniteness.
• Meinecke v. State
  351 So. 3d 1196· Fla. 2d DCA· 2022-11-30 ·cited 3×·via Vagueness Challenge
  The appellate court affirmed a defendant's convictions for trespass in a school safety zone and disruption of a school function. The court rejected the defendant's arguments that the statutes were unconstitutionally vague or overbroad, finding they were narrowly tailored to prote
• Mazharul Islam v. Sec'y, Dep't of Homeland Sec.
  997 F.3d 1333· 11th Cir.· 2021-05-20 ·cited 3×
  The court held that issue preclusion did not bar USCIS from applying the terrorism bar, and the statutory definitions were not unconstitutionally vague or overbroad as applied to the plaintiff.
• Dante Martin v. State
  259 So. 3d 733· Fla.· 2018-12-13 ·cited 3×·via Void For Vagueness Doctrine
  Dante Martin was convicted of manslaughter and hazing charges in connection with a ritual death at Florida A&M University's marching band. He challenged the constitutionality of Florida's hazing statute on overbreadth and void-for-vagueness grounds. The Florida Supreme Court uphe
• Lindemuth v. State
  247 So. 3d 635· Fla. 3d DCA· 2018-05-16 ·cited 3×·via Vagueness Of Statutes
  Ryan Charles Lindemuth appeals his conviction for interfering with the custody of a minor under Florida Statute section 787.03(1). The trial court convicted Lindemuth of attempting to entice a fourteen-year-old minor into his car by offering money, and he was sentenced to five ye
• Femesha Foster v. State
  937 So. 2d 742· Fla. 4th DCA· 2006-09-01 ·cited 3×·via Vagueness Of Statutes
  The court held that the term 'poison' in section 859.01, Florida Statutes, is not unconstitutionally vague because it has a plain and ordinary meaning understandable by a person of ordinary intelligence.
• United States v. Stickle
  355 F. Supp. 2d 1317· S.D. Fla.· 2004-10-06 ·cited 3×
  The court held that the defendants failed to demonstrate a substantial imbalance of inconvenience to warrant transferring the case, and that the indictment sufficiently alleged venue and did not contain fatal duplicity.
• Enriguez v. State
  858 So. 2d 338· Fla. 2d DCA· 2003-09-17 ·cited 3×·via Vagueness Challenge To Statute
  Antonio Uzcanga Enriguez appeals his conviction for felony dumping under Florida's littering statute, arguing the statute is unconstitutional. The appellate court affirmed, holding that the statute is not facially unconstitutional and that Enriguez failed to preserve his constitu
• Sult v. State
  839 So. 2d 798· Fla. 2d DCA· 2003-02-28 ·cited 3×
  Kimberly Sult was convicted under Florida Statute § 843.085 for wearing an official Pinellas County Sheriff's Office T-shirt to a convenience store. The Second District Court of Appeal upheld the statute against constitutional challenges on grounds of overbreadth, vagueness, and
• Ward v. Cnty. of Orange
  55 F. Supp. 2d 1325· M.D. Fla.· 1999-04-29 ·cited 3×
  The court held that the Orange County Adult Entertainment Code is constitutional on its face, as it is a content-neutral regulation aimed at secondary effects and is not substantially overbroad or unconstitutionally vague.
• Women v. Butterworth
  54 F. Supp. 2d 1148· S.D. Fla.· 1998-12-02 ·cited 3×·via Void For Vagueness Doctrine
  The court held that Florida's Partial-Birth Abortion Ban Act (HB 1227) is unconstitutional because it places an undue burden on a woman's right to an abortion, lacks a sufficient health exception, and is void for vagueness.
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  32 F. Supp. 2d 1308· M.D. Fla.· 1998-11-12 ·cited 3×
  The court held that the Pinellas County Ordinance regulating charitable solicitations is constitutional under the Commerce Clause, as it serves legitimate local interests with only incidental burdens on interstate commerce and functions as a valid user fee.
• Miller v. State
  679 So. 2d 1186· Fla. 2d DCA· 1996-02-07 ·cited 3×
  Defendant's conviction for felony marijuana possession affirmed, but multiple probation conditions struck as improper, including those regarding firearms, intoxicants, drug testing costs, and vague area-restriction language.
• Roque v. State
  664 So. 2d 928· Fla.· 1995-09-21 ·cited 3×·via Vagueness Of Statutes
  The court held that section 838.15, Florida Statutes (Supp.1990), is unconstitutionally vague and susceptible to arbitrary application.
• State v. LEE
  651 So. 2d 1221· Fla. 2d DCA· 1995-03-03 ·cited 3×·via Void For Vagueness Doctrine
  The court held that the state sufficiently alleged attempted first-degree murder and that the denial of the motion to dismiss charges of shooting into a vehicle was proper.
• Dickerson v. Stuart
  877 F. Supp. 1556· M.D. Fla.· 1995-02-10 ·cited 3×
  The court held that Florida's Midwifery Practice Act is constitutional, not violating free exercise of religion, free speech, or being unconstitutionally vague or overbroad.
• Habie v. Krischer
  642 So. 2d 138· Fla. 4th DCA· 1994-09-14 ·cited 3×
  Joe Habie, a Guatemalan resident, took his two children from Florida to Guatemala in violation of a custody order. He challenged the constitutionality of Florida Statute section 787.04 as unconstitutionally vague, particularly the affirmative defense provision allowing removal of
• Reilly v. Florida
  847 F. Supp. 951· M.D. Fla.· 1994-03-31 ·cited 3×
  The court denied Petitioner's writ of habeas corpus, finding his claims regarding the constitutionality of Florida statutes, double jeopardy, sufficiency of evidence, right to self-representation, and state sentencing procedures lacked merit or were not reviewable.
• Warner v. Zent
  997 F.2d 116· 6th Cir.· 1993-06-07 ·cited 3×·via Void For Vagueness Doctrine
  The court held that applying a judicial interpretation of a criminal statute retroactively, which was not foreseeable from the statute's plain language, violates the Due Process Clause by depriving the defendant of fair warning.
• In the Interest of D.M.
  616 So. 2d 1192· Fla. 4th DCA· 1993-04-21 ·cited 3×·via Void For Vagueness Doctrine
  The court held that the challenged statutes are not unconstitutionally vague, as they provide sufficient notice to parents and allow for necessary flexibility.
• Guess v. The Bd. OF Med. Exam'rs OF the State OF N.C.
  967 F.2d 998· 4th Cir.· 1992-06-25 ·cited 3×
  The court held that Guess's federal claims were barred by res judicata and the principles of District of Columbia Court of Appeals v. Feldman, and the patients' derivative claims were moot due to lack of jurisdiction over Guess's case.
• Seniors Civil Liberties Ass'n, Inc. v. Kemp
  761 F. Supp. 1528· M.D. Fla.· 1991-04-01 ·cited 3×
  The court held that the plaintiffs had standing to bring their action for declaratory relief and denied the defendant's motion to strike portions of the plaintiffs' memorandum.
• Trojan Techs., Inc. v. Commonwealth OF Pa. & Leroy S. Zimmerman
  916 F.2d 903· 3d Cir.· 1990-10-24 ·cited 3×
  The Pennsylvania Steel Products Procurement Act is not preempted by federal law and does not violate the Commerce Clause or the Foreign Affairs Power.
• Movie & Video World, Inc. v. Bd. of Cnty. Comm'rs
  723 F. Supp. 695· S.D. Fla.· 1989-10-11 ·cited 3×·via Vagueness
  The court held that Palm Beach County Ordinance 88-31, requiring the removal of doors from adult video booths, is a constitutional time, place, and manner regulation that does not violate the First Amendment, and that certain disclosure requirements within the ordinance were unco
• Mannheim Video, Inc. v. Cnty. OF Cook
  884 F.2d 1043· 7th Cir.· 1989-09-20 ·cited 3×
  The court held that the district court properly abstained under Younger v. Harris in favor of a parallel state court action and did not abuse its discretion in denying sanctions under Rule 11.
• White v. Wainwright
  632 F. Supp. 1140· S.D. Fla.· 1986-03-31 ·cited 3×·via Vagueness
  The court held that the imposition of the death penalty was not unconstitutional under Enmund v. Florida, as the Petitioner was present, armed, and fully participated in the robbery and murders.
• Diversified Numismatics, Inc. v. City of Orlando
  615 F. Supp. 141· M.D. Fla.· 1985-03-25 ·cited 3×
  The court held that the Orlando ordinance regulating the purchase and sale of precious metals is unconstitutionally vague because it fails to provide adequate notice of prohibited conduct and minimal guidelines for law enforcement.
• McGUIRE v. State
  466 So. 2d 236· Fla. 4th DCA· 1984-07-13 ·cited 3×·via Void For Vagueness Doctrine
• South Florida Free Beaches v. City of Miami
  548 F. Supp. 53· S.D. Fla.· 1982-09-03 ·cited 3×
  The court held that nude sunbathing is not constitutionally protected expression and that while some ordinances and statutes were constitutional as applied, a portion of Florida Statute 877.03 was unconstitutionally overbroad.
• Miller v. State
  411 So. 2d 299· Fla. 3d DCA· 1982-03-23 ·cited 3×
  Miami Ordinance 3-12 prohibiting employees and entertainers in alcohol-dispensing establishments from mingling or fraternizing with customers is constitutional on its face because it adequately apprises employees of proscribed conduct—prohibiting social conduct while permitting o
• Cohen v. Katsaris
  530 F. Supp. 1092· N.D. Fla.· 1982-01-07 ·cited 3×
  The court held that applying a judicial construction of the trespass statute that unforeseeably broadened its scope to criminalize conduct that occurred prior to the construction violates the Due Process Clause of the Fourteenth Amendment.
• Rimmer v. Colt Indus. Operating Corp.
  656 F.2d 323· 8th Cir.· 1981-08-11 ·cited 3×·via Void For Vagueness Doctrine
  The court holds that the Missouri service letter statute, as interpreted by the majority, requires proof of actual malice to recover punitive damages, which is the minimum standard to withstand a First Amendment challenge.
• Cantrell v. State
  403 So. 2d 977· Fla.· 1981-08-06 ·cited 3×·via Vagueness Challenge To Statute
  The Florida Supreme Court upheld RICO convictions under section 943.462(3) against constitutional challenges, rejecting arguments that the statute was vague and unconstitutionally applied. The court found the charging information sufficient and affirmed the convictions based on n
• Hal S. Weidner v. State
  380 So. 2d 1286· Fla.· 1980-03-06 ·cited 3×·via Vagueness
  Hal Weidner was convicted of disturbing a public assembly under Florida Statute § 871.01 after interrupting a town council meeting. The Florida Supreme Court reversed, finding insufficient evidence to support the conviction because the state failed to prove that a reasonable pers
• Melton v. Corley R. Young
  465 F.2d 1332· 6th Cir.· 1972-08-30 ·cited 3×
  A school regulation prohibiting 'provocative symbols' on clothing is unconstitutionally vague and cannot justify suspending a student for wearing a Confederate flag patch.
• Seaboard AIR Line R.R. Co. v. Jackson
  235 So. 2d 298· Fla.· 1970-03-18 ·cited 3×
  Seaboard Air Line Railroad challenged the constitutionality of Florida Statutes § 357.08, which requires railroads to place lighted fusees or other warning devices when trains block public highways at night. The Florida Supreme Court upheld the statute, finding that the term "ade
• Cooksey v. Town of Ocean Ridge
  426 So. 3d 897· Fla. 4th DCA· 2025-12-17 ·cited 2×
  A trial court errs in dismissing a complaint with prejudice for failure to state a cause of action when the complaint, though inartfully pleaded, sufficiently alerts the court to the legal theory and the plaintiff cannot be said with certainty to be unable to amend to state a val
• Honeyfund.com Inc v. Desantis
  546 F. Supp. 3d 1082· N.D. Fla.· 2022-08-18 ·cited 2×·via Vagueness Challenge
  Honeyfund.com and other employers and diversity consultants challenged Florida's Individual Freedom Act, which prohibits employers from endorsing eight specified concepts related to race, sex, and national origin during mandatory employee activities, as a violation of the First A
• SisterSong Women of Color Reproductive Justice Collective v. Governor of the State of Ga.
  40 F.4th 1320· 11th Cir.· 2022-07-20 ·cited 2×
  The Eleventh Circuit held that following Dobbs, Georgia's prohibition on abortions after fetal heartbeat detection is constitutional under rational basis review, and the redefinition of 'natural person' to include unborn children is not unconstitutionally vague on its face.
• State v. Lockett
  101 So. 3d 1275· Fla. 4th DCA· 2012-12-05 ·cited 2×·via Vagueness
  The State appeals a trial court's order suppressing evidence from a vehicle stop based on the officer's violation of a noise statute that was later declared unconstitutional. The Fourth District Court of Appeal reversed, holding that the officer acted in objectively reasonable re
• Naymontie Nashare Enoch v. State
  95 So. 3d 344· Fla. 1st DCA· 2012-07-27 ·cited 2×·via Void For Vagueness Doctrine
  Enoch appeals his convictions under Florida's gang prevention statutes, challenging their constitutionality. The court affirms his conviction under section 874.05(1) (gang recruitment) as constitutional under strict scrutiny, but reverses his conviction under section 874.11 (elec
• S. Fla. Equitable Fund LLC v. City of Miami
  770 F. Supp. 2d 1269· S.D. Fla.· 2011-03-14 ·cited 2×·via Void For Vagueness Doctrine
  The court held that SFEF's claims were not ripe for judicial review because SFEF failed to obtain a final decision from the City Commission and did not demonstrate hardship. The court also found the claims moot due to the enactment of a new zoning ordinance.
• Faculty Senate of Fla. Intern. Univ. v. Roberts
  574 F. Supp. 2d 1331· S.D. Fla.· 2008-08-29 ·cited 2×
  The court held that the Travel Act's restrictions on nonstate funds, and nominal state funds for administration, impermissibly sanction designated countries and obstruct federal objectives, but the restrictions on state funds are constitutional.
• Gray v. Kohl
  568 F. Supp. 2d 1378· S.D. Fla.· 2008-06-18 ·cited 2×
  The court held that Florida's School Safety Zone Statute, specifically subsection (2)(b), is unconstitutionally vague because the term 'legitimate business' fails to provide adequate notice of prohibited conduct. However, subsection (2)(c) is not unconstitutionally vague due to a
• State v. Coleman
  937 So. 2d 1226· Fla. 1st DCA· 2006-09-25 ·cited 2×
  The First District Court of Appeal reversed the trial court's dismissal of child abuse charges against Eric Coleman, holding that Florida's child abuse statute can constitutionally apply to certain categories of unprotected speech if narrowly construed, and certified conflict wit
• Konikov v. Orange Cnty.
  302 F. Supp. 2d 1328· M.D. Fla.· 2004-01-02 ·cited 2×
  The court granted summary judgment for the defendants, finding that the county's zoning ordinance, as applied to the plaintiff's religious activities, did not violate his free exercise rights.
• Smith v. Fla. Dep't OF Corr.
  799 So. 2d 319· Fla. 1st DCA· 2001-10-09 ·cited 2×·via Vagueness Challenge
• Barnes v. State
  794 So. 2d 590· Fla.· 2001-07-05 ·cited 2×·via Void For Vagueness Doctrine
  The Court held that Apprendi v. New Jersey does not require a defendant's release to be proved to a jury beyond a reasonable doubt when sentencing under the Prison Releasee Reoffender Act, as the Act limits sentencing discretion rather than increasing the maximum statutory penalt
• Sheffield v. State
  789 So. 2d 340· Fla.· 2001-07-05 ·cited 2×·via Void For Vagueness Doctrine
  The Court held that the Prison Releasee Reoffender Act does not require proof of a defendant's release to a jury beyond a reasonable doubt, as it limits sentencing discretion rather than increasing the maximum statutory penalty.
• State v. Vanette Webb
  786 So. 2d 602· Fla. 1st DCA· 2001-04-10 ·cited 2×·via Vagueness Challenge
  The State of Florida appealed the trial court's order vacating Vanette Webb's conviction for violating Florida's Public Records Law (section 119.07(1)(a)) by failing to reasonably make public records available for inspection. The appellate court reversed, holding that the statute