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. Hill
  500 F.2d 733· 5th Cir.· 1974-09-11 ·cited 54×·via Vagueness Of Statutes
  The court held that the jury instructions, by incorporating elements of both the Roth-Memoirs and Miller obscenity standards, provided the defendant with the benefit of both tests, and that the materials were not constitutionally protected under either standard. The court also re
• State v. Sal Aiuppa
  298 So. 2d 391· Fla.· 1974-05-01 ·cited 54×
  The Florida Supreme Court upheld the constitutionality of Chapter 73-120, Florida's obscenity statute, against challenges that it violated the First Amendment by being vague and not specifically defining sexual conduct under the Miller v. California standard. The court adopted Ge
• United States v. Carter
  311 F.2d 934· 6th Cir.· 1963-01-09 ·cited 54×·via Vagueness Of Statutes
  A bona fide loan between an employer and a union representative does not violate Section 302(a) and (b) of the Taft-Hartley Act as it read prior to the 1959 amendment. However, if the transaction is a sham to conceal an illegal payment, it is a violation.
• Ross v. State
  601 So. 2d 1190· Fla.· 1992-06-18 ·cited 53×
  Bobby Ross challenges the constitutionality of Florida's violent habitual felony offender statute as applied to him, arguing it makes irrational distinctions by including aggravated assault but not aggravated battery, and is vague. The Florida Supreme Court affirms the statute's
• Reid v. Engen
  765 F.2d 1457· 9th Cir.· 1985-07-19 ·cited 53×
  The court held that constitutional challenges to an agency's jurisdiction or power can be raised on appeal even if not presented to the agency, but statutory interpretation and procedural error claims require a showing of reasonable grounds for failure to raise them before the ag
• Hutchins v. Hon. Nathan Mayo
  143 Fla. 707· Fla.· 1940-07-16 ·cited 53×·via Vagueness Of Statutes
  The Florida Supreme Court reviewed by certiorari a lower court's denial of a temporary injunction against enforcement of a 1935 citrus grading law. The Court held that while the statute's delegation of power to the Florida Citrus Commission was constitutionally valid, the Commiss
• State v. Cohen
  568 So. 2d 49· Fla.· 1990-09-27 ·cited 52×
  The Florida Supreme Court affirmed a lower court's decision striking down portions of Florida's witness tampering statute (§§ 914.22(1)(a) and 914.22(3)) as unconstitutional for shifting the burden of proof to defendants and being unconstitutionally vague. The Court held that the
• State v. Walker
  444 So. 2d 1137· Fla. 2d DCA· 1984-02-08 ·cited 52×·via Vagueness
  Florida appealed the dismissal of charges against Carolyn Walker for violating a statute that criminalizes possession of lawfully prescribed controlled substances outside their original containers. The court affirmed the dismissal, holding that the statute violates substantive du
• Rhodes v. State
  283 So. 2d 351· Fla.· 1973-09-19 ·cited 52×·via Vagueness Challenge
  James Rhodes was convicted of exhibiting obscene films at his adult theater in violation of Florida's obscenity statute. The Florida Supreme Court affirmed his conviction, holding that the obscenity statute was sufficiently clear through prior judicial construction and that the a
• State v. Llopis
  257 So. 2d 17· Fla.· 1971-12-17 ·cited 52×
  The Florida Supreme Court affirmed the trial court's dismissal of an information charging a city inspector with violating Fla.Stat. § 112.313(6) by accepting employment as a watchman while working as a city inspector. The court held the statute unconstitutionally vague because it
• Nat'l Labor Relations Bd. v. Edward G. Budd MFG. Co.
  169 F.2d 571· 6th Cir.· 1948-08-16 ·cited 52×·via Vagueness Of Statutes
  The court held that the Labor Management Relations Act of 1947 excludes supervisors from the definition of 'employee,' and therefore, the National Labor Relations Board's order protecting foremen's union activities is no longer valid.
• United States v. Josephson
  165 F.2d 82· 2d Cir.· 1947-12-09 ·cited 52×
  The court held that the indictment was sufficient, the evidence supported the verdict, and the statute authorizing the committee's investigation was constitutional. The appellant's refusal to be sworn and testify before the committee constituted a violation of 2 U.S.C. § 192.
• Record Revolution NO. 6, Inc. v. The City OF Parma
  638 F.2d 916· 6th Cir.· 1980-12-08 ·cited 51×
  The court held that the drug paraphernalia ordinances were unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments, and reversed the district court's decision upholding them.
• Underwood v. Nell Hunter
  604 F.2d 367· 5th Cir.· 1979-10-10 ·cited 51×
  The court held that the district court erred by converting a motion to dismiss into a motion for summary judgment without proper notice and opportunity for the parties to present evidence and arguments. It also held that the fourth cause of action sufficiently alleged discriminat
• Rode v. Dellarciprete
  845 F.2d 1195· 3d Cir.· 1988-04-28 ·cited 50×
  The court held that a sibling-in-law relationship is not constitutionally protected association under the First Amendment, thus affirming summary judgment on that claim.
• United States v. Perrin
  580 F.2d 730· 5th Cir.· 1978-09-20 ·cited 50×·via Vagueness
  The dissenting judge believes the Travel Act does not criminalize commercial bribery without explicit statutory language.
• Schultz v. State
  361 So. 2d 416· Fla.· 1978-07-27 ·cited 50×
  Section 849.231 is constitutional and neither vague nor overbroad when construed to require that enumerated gambling items and similar devices be ordinarily or commonly used or designed for use in professional gambling operations. Defendants must be allowed to present evidence th
• Golden v. McCARTY
  337 So. 2d 388· Fla.· 1976-07-30 ·cited 50×
  Section 877.04, Florida Statutes, prohibiting tattooing except by licensed physicians or dentists or under their direction, is a constitutional exercise of the state's police power as a reasonable restriction on the occupation to protect public health. The statute is neither void
• Iva Nelson Gonzales v. City OF Belle Glade
  287 So. 2d 669· Fla.· 1973-12-20 ·cited 50×
  The Florida Supreme Court reversed convictions of three defendants under the disorderly conduct statute (Fla.Stat. § 877.03), holding that the evidence presented—protest participation with threatening comments and complaining about restaurant service—was insufficient to constitut
• United States v. Girard
  601 F.2d 69· 2d Cir.· 1979-06-20 ·cited 49×·via Vagueness
  The court held that the unauthorized sale of government information constitutes a violation of 18 U.S.C. § 641, and that the statute is not unconstitutionally vague or overbroad.
• Bromley v. Crisp
  561 F.2d 1351· 10th Cir.· 1977-04-12 ·cited 49×·via Void For Vagueness Doctrine
• Peick v. Pension Benefit Guar. Corp.
  724 F.2d 1247· 7th Cir.· 1983-12-19 ·cited 48×
  The dissent argues that the employer associations and the 705 Fund lack standing to challenge the MPPAA because they have not demonstrated a concrete and immediate injury sufficient to satisfy Article III's case or controversy requirement.
• Wadsworth v. Whaland
  562 F.2d 70· 1st Cir.· 1977-09-01 ·cited 48×
  The court held that ERISA does not preempt New Hampshire's law requiring coverage for mental illnesses in group health insurance policies purchased by employee benefit plans, as the state law regulates insurance, not the plans themselves.
• Chicago Council OF Lawyers v. Bauer
  522 F.2d 242· 7th Cir.· 1975-08-04 ·cited 48×
  The court, in a dissenting opinion, argues that a "reasonable likelihood" standard, combined with "serious and imminent" factors, is constitutionally sufficient for rules governing extrajudicial comments by attorneys in criminal litigation.
• Davis v. United States
  357 F.2d 438· 5th Cir.· 1966-03-03 ·cited 48×
  The court held that Count III of the indictment was unconstitutionally vague and that the trial judge's comments violated the defendants' Fifth Amendment right to remain silent.
• United States v. Turner
  928 F.2d 956· 10th Cir.· 1991-03-20 ·cited 47×·via Vagueness Challenge
  The court held that the evidence was not the fruit of an illegal detention and that the statutory sentencing disparity for cocaine base does not violate due process.
• Martinez v. State
  368 So. 2d 338· Fla.· 1978-11-16 ·cited 47×
  Julie Martinez was charged with prostitution-related offenses and practicing massage without a license. She challenged the constitutional validity of the statutes and the sufficiency of the charging documents, but the Florida Supreme Court affirmed her convictions, finding the st
• Bence v. Breier
  501 F.2d 1185· 7th Cir.· 1974-08-14 ·cited 47×
  The court held that while the rule itself is not unconstitutionally vague, its application in this specific case was impermissible.
• Kemrick Travis v. State
  700 So. 2d 104· Fla. 1st DCA· 1997-10-07 ·cited 46×
  Travis challenged the constitutionality of Florida's enhanced penalty statute for fleeing and eluding law enforcement based on high-speed pursuit, claiming it was unconstitutionally vague. The court upheld the statute as facially valid, holding that when evaluating vagueness chal
• United States v. Gonzalez
  776 F.2d 931· 11th Cir.· 1985-11-01 ·cited 46×
  The court held that precedent binds the panel to a specific interpretation of the statute, despite the concurring judge's belief that Congress intended a broader scope.
• Am. Booksellers Ass'n, Inc. v. Hudnut
  771 F.2d 323· 7th Cir.· 1985-08-27 ·cited 46×·via Vagueness
  The court's majority opinion, which this concurrence partially joins, found the ordinance unconstitutional on First Amendment grounds.
• United States v. Cook
  745 F.2d 1311· 10th Cir.· 1984-10-09 ·cited 46×·via Void For Vagueness Doctrine
  The court held that 31 U.S.C. § 5313 applies to individuals who cause financial institutions to file inaccurate Currency Transaction Reports, and that the district court did not err in amending the indictment or admitting evidence of subsequent conduct.
• Owens v. Louie L. Wainwright
  698 F.2d 1111· 11th Cir.· 1983-02-22 ·cited 46×·via Void For Vagueness Doctrine
  The court held that the petitioner's guilty plea was voluntary and knowing, his counsel was effective, and the challenged statute was constitutional.
• United States v. Hill
  589 F.2d 1344· 8th Cir.· 1979-01-04 ·cited 46×·via Vagueness Of Statutes
  The court held that the evidence was sufficient to support the jury's guilty verdicts for illegal acquisition and possession with intent to distribute controlled substances, and that the trial court did not err in its evidentiary rulings or jury instructions.
• Tatzel v. State
  356 So. 2d 787· Fla.· 1978-03-16 ·cited 46×
  Denise Tatzel was arrested for entering a motel room for the purpose of prostitution under Florida Statute Section 796.07(3)(c). The Florida Supreme Court upheld the constitutionality of the statute against her vagueness challenge, finding that the term 'licentious sexual interco
• United States v. Bohn
  508 F.2d 1145· 8th Cir.· 1975-01-03 ·cited 46×
  The court held that wiretap evidence was admissible despite minor technical errors and that the statute prohibiting illegal gambling businesses was constitutional. Evidence was sufficient to convict most defendants but not Sierbinski.
• United States v. King
  485 F.2d 353· 10th Cir.· 1973-08-29 ·cited 46×
  The court held that the statute under which King was prosecuted is constitutional and that the admission of his statement regarding consulting counsel was harmless error, but remanded the case for a hearing on whether the checkpoint was the functional equivalent of a border searc
• Newman v. Carson
  280 So. 2d 426· Fla.· 1973-07-11 ·cited 46×
  The Florida Supreme Court upheld the constitutionality of Florida Statutes Section 811.165, which requires pawnbrokers and secondhand goods dealers to maintain detailed records of purchases and sales. The court rejected the pawnbroker's challenges that the statute was unconstitut
• United States v. Nasser
  476 F.2d 1111· 7th Cir.· 1973-03-05 ·cited 46×
  The court held that a client's knowing participation in a corrupt bargain with their lawyer can constitute a conspiracy under 18 U.S.C. § 371.
• United States v. Gross
  451 F.2d 1355· 7th Cir.· 1971-11-02 ·cited 46×·via Vagueness Challenge To Statute
  The court held that the statute prohibiting dealing in firearms without a license was not unconstitutionally vague and that the defendant's repeated sales constituted engaging in the business of dealing firearms.
• Anderson v. United States
  215 F.2d 84· 6th Cir.· 1954-08-04 ·cited 46×
  The court held that the indictment sufficiently stated an offense under 18 U.S.C. § 1503, was not unconstitutionally vague, and adequately apprised the defendants of the charges against them.
• Williams v. United States
  179 F.2d 644· 5th Cir.· 1950-01-10 ·cited 46×
  The dissenting judge believes the conspiracy statute (18 U.S.C.A. § 241) is constitutional and sufficiently definite, and the indictment was valid, thus the conviction should be affirmed.
• Shlay v. Montgomery
  802 F.2d 918· 7th Cir.· 1986-09-30 ·cited 45×
  The court held that the plaintiff waived his ERISA claim by failing to raise it below, that he had no protected property or liberty interest in continued employment, and that his equal protection and Shakman claims were unsupported by evidence or argument.
• Stansberry v. Holmes
  613 F.2d 1285· 5th Cir.· 1980-03-17 ·cited 45×
  The court held that the Harris County regulations restricting the location of sexually oriented commercial enterprises were not unconstitutionally vague or overbroad and did not violate the Fifth Amendment privilege against self-incrimination.
• United States v. Broncheau
  597 F.2d 1260· 9th Cir.· 1979-05-30 ·cited 45×·via Vagueness Challenge To Statute
  The court held that the indictment was sufficient, 18 U.S.C. § 1153 is not void for vagueness, federal courts have jurisdiction over certain crimes committed by Indians in Indian country, and the assertion of federal jurisdiction does not violate equal protection or due process.
• Club Madonna, Inc. v. City OF Miami Beach
  924 F.3d 1370· 11th Cir.· 2019-05-24 ·cited 44×·via Vagueness Challenge
  The Eleventh Circuit held that most of the Club's claims challenging the City's ordinances were ripe for review, but affirmed the dismissal of due process claims for failure to state a claim and affirmed dismissal of a vagueness claim due to lack of standing.
• United States v. Cyrus
  890 F.2d 1245· D.C. Cir.· 1989-12-12 ·cited 44×·via Void For Vagueness Doctrine
  The court held that challenges to the Federal Sentencing Guidelines were without merit, but remanded ineffective assistance of counsel claims for development of a record.
• United States v. Ballard
  779 F.2d 287· 5th Cir.· 1986-01-03 ·cited 44×·via Vagueness Of Statutes
  The court held that the attorney-client privilege does not shield communications made for the purpose of furthering a crime or fraud, and that the defendant's civil deposition testimony was admissible as an admission by a party-opponent.
• Brasslett v. Cota
  761 F.2d 827· 1st Cir.· 1985-05-16 ·cited 44×·via Void For Vagueness Doctrine
  The court held that the plaintiff's discharge for speech made during a television interview violated his First Amendment rights, reversing the district court's decision on this claim.
• Aztec Motel, Inc. v. State ex rel. Earl Faircloth
  251 So. 2d 849· Fla.· 1971-06-30 ·cited 44×·via Vagueness Of Statutes
  The Florida Supreme Court held that statutes authorizing forfeiture of corporate charters based on illegal activities by officers, directors, stockholders, or agents are unconstitutional because they are unconstitutionally vague and fail to provide adequate notice and ascertainab