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

• Burch v. Barker
  861 F.2d 1149· 9th Cir.· 1988-11-18 ·cited 2×·via Vagueness
  A school policy requiring prior review and potential censorship of all student-written, non-school-sponsored materials distributed on school grounds violates the First Amendment.
• Daugherty v. Dugger
  699 F. Supp. 1517· M.D. Fla.· 1988-11-02 ·cited 2×·via Constitutional Vagueness
  The court denied the petition for writ of habeas corpus and motion for stay of execution, finding the claims without merit and, in some instances, an abuse of the writ.
• Lanier v. City OF Newton
  842 F.2d 253· 11th Cir.· 1988-04-11 ·cited 2×
  The Eleventh Circuit held that while a city's ordinance banning topless dancing in establishments selling alcohol was a valid exercise of twenty-first amendment authority, a provision banning 'cleavage' was unconstitutionally vague and unreasonable under state law.
• Neiderhiser v. The Borough OF Berwick
  840 F.2d 213· 3d Cir.· 1988-03-01 ·cited 2×·via Vagueness
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs alleged a viable case or controversy based on both a potential future enforcement of an ordinance and past constitutional deprivations.
• United States v. Garland Spencer
  839 F.2d 1341· 9th Cir.· 1988-02-17 ·cited 2×
  Fetal infanticide, where an infant is born alive but dies from prenatal injuries, constitutes murder under 18 U.S.C. § 1111 and is within the scope of the Major Crimes Act.
• Miller v. State
  520 So. 2d 80· Fla. 1st DCA· 1988-02-10 ·cited 2×·via Void For Vagueness Doctrine
  Florida appellate court affirmed a probation condition requiring appellant to comply with cohabitation laws, construing the condition as requiring lawful conduct rather than mandating marriage or separation.
• In re Talmadge v. Charles Duck/Appellee
  832 F.2d 1120· 9th Cir.· 1987-11-17 ·cited 2×
  California's exemption statutes, limiting married couples filing jointly to a single set of exemptions, do not violate the Equal Protection Clause or the Supremacy Clause.
• Brecheisen v. Eloy Mondragon
  833 F.2d 238· 10th Cir.· 1987-11-12 ·cited 2×·via Vagueness Of Statutes
  The court held that a conviction for criminal sexual penetration (CSP) did not violate the Double Jeopardy Clause, the CSP statute was not unconstitutionally vague or overbroad, and there was sufficient evidence to support the conviction.
• Bystrom v. Fridley High Sch.
  822 F.2d 747· 8th Cir.· 1987-06-25 ·cited 2×
  The court held that the guidelines' requirement for prior review and approval of all unofficial written material violates the First Amendment.
• Smith v. Lanson Newsome
  815 F.2d 1386· 11th Cir.· 1987-04-17 ·cited 2×
  The court affirmed the denial of habeas corpus relief, finding the Georgia feticide statute constitutional and the denial of severance proper.
• United States v. LEE
  815 F.2d 971· 4th Cir.· 1987-04-06 ·cited 2×
  The court held that 18 U.S.C. § 1029 is not unconstitutionally vague, the district court had jurisdiction, and the indictment was not tainted by government misconduct.
• Jorgenson v. Cnty. of Volusia
  625 F. Supp. 1543· M.D. Fla.· 1986-01-17 ·cited 2×
  The court denied the plaintiffs' request for a temporary restraining order, finding the Volusia County ordinance prohibiting topless dancing in establishments serving alcohol to be constitutional under the Twenty-first Amendment.
• Hubenthal v. Cnty. OF Winona
  751 F.2d 243· 8th Cir.· 1984-12-27 ·cited 2×
  The court held that a post-deprivation remedy is adequate under state law, even if state officials intentionally exceeded the scope of a court order, and thus a § 1983 claim for due process violation is precluded.
• Beattie v. Shelter Props., IV
  457 So. 2d 1110· Fla. 1st DCA· 1984-10-12 ·cited 2×
  The court upheld Florida's cable television access statute (§83.66) as serving a legitimate public purpose but found it unconstitutional for requiring property owners to grant cable companies access to apartment premises without providing just compensation, following the U.S. Sup
• Farrell v. City of Miami
  587 F. Supp. 413· S.D. Fla.· 1984-06-20 ·cited 2×
  The court held that the City of Miami's zoning ordinance, which restricts home occupations based on family residency, is a constitutional exercise of police power and not impermissibly vague as applied to the undisputed facts.
• Wash. Mercantile Ass'n v. Williams
  733 F.2d 687· 9th Cir.· 1984-05-17 ·cited 2×
  The court held that Washington's ban on advertisements for drug paraphernalia, as construed to apply only to commercial speech promoting illegal transactions, does not violate the First Amendment.
• Porta v. Mayor Boyle
  726 F.2d 446· 8th Cir.· 1984-02-07 ·cited 2×
  The court held that the case should be remanded for reconsideration in light of a new Supreme Court precedent and for the district court to address several procedural and substantive issues.
• United States v. SUN & Sand Imports, Ltd., Inc.
  725 F.2d 184· 2d Cir.· 1984-01-05 ·cited 2×
  The court held that the regulatory definition of children's sleepwear under the Flammable Fabrics Act is not void for vagueness and that the pre-enforcement injunction was properly entered because the United States showed a fair ground for litigation.
• Ambrose Garner v. State of Fla. Comm'n ON Ethics
  439 So. 2d 894· Fla. 2d DCA· 1983-09-14 ·cited 2×
  The court held that section 112.313(6), Florida Statutes, was not unconstitutionally vague as applied to the appellant's conduct and that there was sufficient evidence to support the Commission's findings.
• Redford v. United States Dep't OF Treas.
  691 F.2d 471· 10th Cir.· 1982-10-21 ·cited 2×·via Vagueness Challenge To Statute
  The court held that the statute prohibiting firearm possession by those adjudicated mentally incompetent is not unconstitutionally vague as applied to Redford, and forfeiture of firearms does not require compensation.
• United States v. Beam
  686 F.2d 252· 5th Cir.· 1982-09-07 ·cited 2×
  The dissenting judge would affirm the conviction for holding an assembly on public lands without a permit, disagreeing with the majority's interpretation of the regulation.
• Pasquale Thomas Leonetti v. State
  418 So. 2d 1192· Fla. 5th DCA· 1982-09-01 ·cited 2×·via Vagueness and Indefiniteness
  Pasquale Thomas Leonetti appealed his conviction for bookmaking under Florida Statute §849.25, challenging the sufficiency of the information filed against him. The Fifth District Court of Appeal reversed his conviction, holding that the information was unconstitutionally vague a
• Artway v. Pallone
  672 F.2d 1168· 3d Cir.· 1982-02-17 ·cited 2×
  The federal district court properly dismissed the civil rights complaint, as federal courts are generally precluded from interfering with state criminal proceedings and the plaintiff's claims are primarily cognizable through federal habeas corpus after exhausting state remedies.
• Bryant Radio Supply, Inc. v. Colonel D. M. Slane
  669 F.2d 921· 4th Cir.· 1982-01-28 ·cited 2×
  The court affirmed the district court's grant of summary judgment, upholding the constitutionality of Virginia's ban on radar detectors.
• Dallas Ass'n OF Cmty. Orgs. FOR Reform NOW v. Dallas Cnty. Hosp. Dist.
  656 F.2d 1175· 5th Cir.· 1981-09-25 ·cited 2×·via Vagueness
  The court held that the congested conditions at Parkland Hospital justify time, place, and manner restrictions on First Amendment activity in non-patient care areas, affirming the denial of injunctive relief.
• LEE v. State
  397 So. 2d 684· Fla.· 1981-04-16 ·cited 2×·via Vagueness Of Statutes
  Dwight Lee challenged the constitutionality of Florida Statute § 918.14(3)(a)(1), which criminalizes placing a witness in fear by threat of force. The Florida Supreme Court upheld the statute as sufficiently definite and not unconstitutionally vague, affirming Lee's conviction.
• Hixson v. Housewright
  642 F.2d 242· 8th Cir.· 1981-03-04 ·cited 2×·via Vagueness Of Statutes
  The court affirmed the denial of the habeas corpus petition, finding sufficient evidence to support the conviction for theft by deception and upholding the constitutionality of the relevant statute.
• Parcell v. Governmental Ethics Comm'n
  639 F.2d 628· 10th Cir.· 1980-12-31 ·cited 2×
  The court held that the Kansas campaign finance statute's definitions of 'contribution' and 'expenditure' are not unconstitutionally vague, guided by the Supreme Court's interpretation in Buckley v. Valeo.
• Holy Cross Coll., Inc. v. La. High Sch. Athletic Ass'n
  632 F.2d 1287· 5th Cir.· 1980-12-18 ·cited 2×·via Unconstitutional Vagueness
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction, as the appellants properly alleged jurisdiction under 28 U.S.C. § 1343(3).
• JR. Food Stores OF W. Fla., Inc. v. Division of Alcoholic Beverages and Tobacco
  390 So. 2d 1244· Fla. 1st DCA· 1980-12-11 ·cited 2×
  JR. Food Stores appeals an agency reprimand for selling items determined to be illegal fireworks under Florida law. The appellant challenges the constitutionality of the fireworks statute and the agency's definition of fireworks.
• Chulchian v. City OF Indianapolis
  633 F.2d 27· 7th Cir.· 1980-10-06 ·cited 2×
  The court held that the City of Indianapolis's general business licensing ordinance, as construed to prohibit knowingly permitting illegal conduct on the premises, is constitutional under the First Amendment and not unconstitutionally vague. The court also found the administrativ
• Deese v. State
  378 So. 2d 887· Fla. 1st DCA· 1979-12-27 ·cited 2×
• Sovereign News Co. v. Corrigan
  610 F.2d 428· 6th Cir.· 1979-12-07 ·cited 2×
  The court held that the Ohio obscenity statute, when construed to incorporate Miller v. California guidelines, is valid and constitutional.
• Menke v. The S. Ry. Co.
  603 F.2d 1281· 7th Cir.· 1979-08-17 ·cited 2×·via Due Process Vagueness Challenge
  The court held that the Indiana Act requiring unobstructed views at railroad crossings is not unconstitutionally vague, and that a railroad can be held liable for defective crossing signals based on constructive knowledge, not just actual knowledge.
• Franklin v. First Money, Inc.
  599 F.2d 615· 5th Cir.· 1979-06-21 ·cited 2×·via Void For Vagueness Doctrine
  The court held that a charge unilaterally imposed by a creditor upon a borrower's late payment is a default charge requiring disclosure under federal law, regardless of state law characterization or the creditor's labeling.
• Angelico v. State OF La.
  593 F.2d 585· 5th Cir.· 1979-04-12 ·cited 2×
  The court held that the rules under which the reporter was convicted were unconstitutionally vague as applied to the basement driveway, and that the reporter's actions were not a willful violation of a known prohibition.
• Richter v. City OF Tallahassee
  361 So. 2d 205· Fla. 1st DCA· 1978-07-21 ·cited 2×·via Due Process Vagueness Challenge
  Luther Richter, a Tallahassee fireman, was dismissed after being found involved in attempting to smuggle 20,000-25,000 pounds of marijuana into the United States. He challenged his dismissal as based on a vague regulation prohibiting "conduct below the standard which can reasonab
• Rogers v. Estelle
  571 F.2d 1381· 5th Cir.· 1978-04-28 ·cited 2×
  The court held that the Texas Controlled Substances Act was not unconstitutionally vague as applied to the appellant's conduct, and thus the petition for writ of habeas corpus was properly denied.
• United States v. Glenn
  562 F.2d 324· 4th Cir.· 1977-09-27 ·cited 2×
  The court held that the regulation prohibiting indecent acts was constitutional as applied to the appellant's conduct, and thus his conviction stands.
• Myron M. Amato v. Divine
  558 F.2d 364· 7th Cir.· 1977-06-28 ·cited 2×
  The court held that the Wisconsin obscenity statute, as authoritatively construed, meets constitutional standards, but the publications at issue were not obscene under federal law.
• Cialkowski v. Franzen
  545 F.2d 1155· 8th Cir.· 1976-12-20 ·cited 2×
  The dismissal of a direct state criminal appeal by the U.S. Supreme Court for want of a substantial federal question constitutes an actual adjudication that precludes subsequent federal habeas corpus relief, absent subsequent doctrinal developments.
• United States v. Dreding
  547 F.2d 471· 9th Cir.· 1976-12-01 ·cited 2×
  Conviction under 18 U.S.C. § 1992 for disabling a train does not require proof of specific intent to wreck the train, only willful conduct that disables it.
• United States v. Chew
  540 F.2d 759· 4th Cir.· 1976-09-13 ·cited 2×
  The court held that the regulation prohibiting exceeding the daily bag limit for migratory birds is constitutional as applied to the defendant's conduct of killing more birds than permitted.
• Income Dev. Corp. & Edward K. Mathews v. Lewis
  336 So. 2d 440· Fla. 2d DCA· 1976-08-11 ·cited 2×
  The Florida District Court of Appeal reviewed a two-year suspension of a mortgage brokerage license imposed for violations of state banking regulations. The court affirmed findings regarding failure to maintain an escrow account and closing statements, but reversed the finding of
• Gorchov v. State
  331 So. 2d 346· Fla. 3d DCA· 1976-05-04 ·cited 2×
  Michael Gorchov appeals his involuntary hospitalization under Florida law, challenging the constitutionality of the statute and the admission of psychiatric evidence obtained without Miranda warnings. The court upholds the hospitalization, finding the statute sufficiently clear a
• Tatzel v. Hon. Morton J. Hanlon
  530 F.2d 1205· 5th Cir.· 1976-04-30 ·cited 2×
  The court held that the district court erred in granting a stay of state proceedings and dismissing the habeas corpus petition because the petitioner failed to exhaust state remedies or demonstrate futility.
• United States v. Chatman
  538 F.2d 567· 4th Cir.· 1976-03-08 ·cited 2×·via Void For Vagueness Doctrine
  The court held that 18 U.S.C. § 1791 is not unconstitutionally vague or overbroad when applied in the context of a federal penal institution.
• Lt. Edward G. Little v. REO Hill Fisheries
  322 So. 2d 557· Fla.· 1975-11-05 ·cited 2×·via Vagueness Of Statutes
  The Florida Supreme Court upheld a trial court's declaration that Section 370.151, Florida Statutes, was unconstitutionally vague and unenforceable because it used defective legal descriptions ('north longitude' instead of 'west longitude') to define a prohibited shrimping area,
• United States v. Kennecott Copper Corp.
  523 F.2d 821· 9th Cir.· 1975-09-24 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the statute requiring immediate notification of oil spills is not unconstitutionally vague and that sufficient evidence supported the conviction.
• Arbeitman v. Dist. Court OF Vt.
  522 F.2d 1031· 2d Cir.· 1975-09-16 ·cited 2×
  The court held that the statute prohibiting obstruction of traffic is not unconstitutionally vague or overbroad as applied to the petitioner and on its face.